If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. Notice of Intent to Alter Shared Boundary Fence. How To Live Without Paying Property Taxes. Or, you can ask your neighbors if they are willing to share the costs of replacement and locate the new fence on the property line. They will help you accurately identify the property lines. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Its an aesthetic preference that she wants a brand new fence. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. If one neighbor damages the fence, he or she could be liable for costs to repair. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. It was always referred to as their fence, and nobody else could touch it. 1.1K Posts. Those people moved out and a new family moved in. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. I didnt even have the option of getting my own bids or anything. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). After I threaten to take him to a small claims court. One neighbor wants a fence that is of higher quality and thus more expensive than necessary. Since 1876, however, the Texas Legislature has allowed Texas counties to vote on whether to become"closed range". Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. [TX] My parents' neighbor wants money to pay for a new fence. Rule 5: A neighbor who destroys a dividing fence shall be responsible for repairing or replacing it. Do we still split it in half? Chapter 15 of this book discusses neighborly problems. If they dont, then you should take the matter to mediation. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Below you will find references to areas of Texas lawrelated to fences. We did not like it. When traffic sight distances are impaired. It is very good you havent paid anything for it yet. Neighbor dynamics are usually characterized by interesting situations. Our road is in desperate need of repaving. 1. Rule 2: Neighbors shall share the costs of installing the fence equally. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? Still proceed to have the fence repaired and then take her to small claims? Well, I wish I could give you better advice but the matter is in your neighbors hands. (I believe youve already tried this approach and it failed?). Right now, we have a block wall fence between my neighbors house and ours. Now the neighbor wants the planks that my husband nailed to be removed. My relationship with this neighbor is not good. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. In cases where there is a property deed that stipulates whose responsibility it is to set up and maintain a fence, then that party will be the one to take care of all the costs of the fence. However they want to put a new retaining concrete wall and then put the fence on top. If your neighbor fails to do so and you end up with damage (as in the examples above), you will likely be able to recover damages from the tree owner. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). No, if neither neighbor wants the fence, there doesn't need to be one. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. Start out by documenting the current condition of the fence. The neighbor verbally agreed to this via texts and I sent quotes via texts. Will we need to pay? this information even though informative it only benefit the contractor. Fencing mayalso be regulated by Texas municipalities. There would now be two fences along the boundary. In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Contact us today at 405-778-1545 or click on the big green button below to schedule a . A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. The fence is solely your responsibility. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. I toll my husband to get if fix with out any response from him. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. (Personally, I think we paid for the whole fence for him.) One neighbor is directly responsible for the damage that a fence suffers. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Eventually, we could no longer see the fence from our side. The fence its in a really bad condition. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. If they bear the cost, its probably not my business; but if we share the cost, is it reasonable for me to ask my neighbor to remove the trees before repairing (or replacing) the fence? Answer questions about your security fence needs. Neighbor Law Fences & Boundaries Fences A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Any thoughts not input would be greatly appreciated. We cant afford the cost for the fence that he wants($14k). Most states make it mandatory for the person intending to replace or remove a dividing fence to at least serve their neighbor with a written notice before making any changes. This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). The service will then get both of you together and try to make you negotiate. He argued that it was, and that the neighbor on the other side of him gladly paid her portion, and told me that legally, I have to pay. This is because if you erect a fence it will simultaneously benefit the neighbor. Monday. Robert Frost said, "Good fences make good neighbors." Apparently, he wasn't talking about a tire fence. Search for state-specific templates available for you to download and print. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. Neither you nor your arborist may go onto a neighbor's property or destroy the tree. . Thats my fence, how could you do this, you are encroaching on my property, etc, quiet animated and critical. We didnt do anything about it, as we didnt want to cause problems in our first year here. The case law for boundary fences is found in. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. Who knows, if this were allowed to take place a neighbor could hire their cousin lets say and pay him whatever fee and then later claim the costs were way higher than actually paid in order to make him or his family member/ associate some extra money. Family Handyman. There is a brick wall between me and my neighbor. Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. But there's a catch. 8:00 AM - 5:00 PM. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. The wall is leaning significantly toward my property and I am afraid it could fall. Include good color pictures. The subjects of a trespasser's intent and government land are also discussed. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. The fence needs to replace much of it because of the poor maintenance on my neighbors side. If they are not, they might just come up with some excuse to not pay anything. Don't have a library account? But I always say it doesn't hurt to ask, right? Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Your neighbor's dog chewed through the fence. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . I think she should pay half. I have a fence that is in need of replacement. I share a fence that is 75 long with a neighbor. Therefore he would have had proof that you received a notice and chose to ignore it. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. 2 attorney answers. Thank you, I am very concerned the wall could fall. I mentioned it to my neighbor and he does not see anything wrong with the two fences. Sometimes it turns out a fence isn't on the property line after all. It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors.
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