We live on a hillside, so our backyard is 3 stories down. First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. I told him that this was not my fence, and explained the history. You must then pay the contractor in full. The State Bar of Texas created this guide to legal questions from those affected by disasters. Their fence does nothing to secure my property. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. . Now in your case it seems that although it was a custom built fence and not prefabricated panels, it was very poorly built and looks terrible? The fence did add value to the house, and the neighbor built it to be pretty on both sides. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? Landlord Responsibility for Fence Repair | Home Guides | SF Gate Redwood trees at top of slope in his his corner hides the fencing in this area. Texas Fence Law: Open Range.or Not? All the Best. Don't have a library account? The neighbor has a large tree that pushed against the fence along with an old mattress behind their shed that did not help with the fence integrity. To further answer your question as to what constitutes a valid reason to replace the fence in the first place, the fence must absolutely be beyond repair and failing. I enjoy what I see, therefore Ive decided to follow you. Eventually, a neighbor moved and sold their house. The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. There would now be two fences along the boundary. If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. First point I made was that dont want a wooden fence due to the upkeep of it. Does it? The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. It is entirely visible on their side. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. I contracted with a contractor to do the job this month and let the brother know 2 months ago I did this because he never responded with a quote and I can finance the fence with the contractor and the homeowner is not responding. Be Aware of Tree Root Issues. Otherwise if the fence was pre-existing on your side of the property line, you do not need their prior consent to do anything. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. The fence has deteriorated and a section has fallen over. Possible disputes might be hard to settle so much that they may end up in court. Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc. If you dont receive a negative response from your neighbor, or you dont receive any response, then you should proceed and build the fence yourself. Get a lawyer to draft a formal notice and then attach the estimate. 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. 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. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. If your neighbor refuses to pay for his share then you could do any of the following: Put it in writing - send him a well written letter describing the issue. To learn more about how property owners' associations can enforce rules within their communities, check out the Enforcement of CC&Rs page of the Property Owners' Association research guide. The old saying that "good fences make good neighbors" still applies today. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! (I believe youve already tried this approach and it failed?). You can state you will fight them in court. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. In practice, this means that if Neighbor A decides to build a fence on the property line shared with Neighbor B, Neighbor B generally has to pay for half of it. (Part 1), Texas Fence Law: Open Range.Or Not? Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. What can we do? I share a fence that is 75 long with a neighbor. Such a fence will be your personal property and you will have absolute control over how you build and use it. You can also let them know that their best bet at recouping some of the money would be to go after the previous owner of the house. If you refuse to pay, your landlord can deduct the fence repairs from your security deposit. Good neighbor fences alternate the picket and rail side of the fence every 7 feet so that each neighbor gets an equal share of the pretty and ugly sides. Thank you for your article. You should obtain 2 or 3 estimates from fencing contractors for the cost to repair or replace, send them along with a letter to the neighbor . My neighbor has informed me he's going to hire a company to fix the fence and then send me a bill for half the cost. Should My Neighbor Help Pay for My Fence? Can my neighbor legally stop me from replacing the fence until we do a survey? It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. What to Do If Your Neighbor's Tree Is Encroaching on Your Yard Can I still take him to court. Hope this fully answers your question, if you have any further questions please let us know. Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. Seems your neighbor would be reaping the rewards with no out of pocket costs for him. He does not live in the area. Fence it up and intact. We had no say in the decorative fence. Do bear in mind that there can be stipulations on features and dimensions of the fences. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. The subjects of a trespasser's intent and government land are also discussed. Nolan v. Mendere. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. I told him I was happy with the fence as it was because I was an old pensioner and didn't need to waste money on something I didn't need as I'd rather spend it on booze and holidays. The neighbors stated that we are not allowed to starting the siding job until a agreement drawn by them signed by our contractor, me/owner, and the 2 The fence boards (good side) all face our property, the framing is all on their side. If your neighbors are damaging your fence, take photos and try to work it out with them first. Generally, the law considers dividing fences to be a joint property that is owned equally by both neighbors. Below you will find references to areas of Texas lawrelated to fences. How are we doing? You need to tell him he is harrasing you and you will not stand for it. How To Handle Tree Conflicts With Your Neighbors - American Arborists In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Resolving Division Fence Disputes in Nebraska | UNL Beef Hope this helps, let me know if you have any more questions! The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Your next step is to file a lawsuit against him in small claims! Now there are two fences that not only a too totally different styles but heights. If one neighbor damages the fence, he or she could be liable for costs to repair. Except on the front portion which is in my front yard. If the existing fence is within your property, you can replace it with whatever type of fence you want and at your expense, although you should let the neighbors know of your plans in advance of replacement. Hi RC fencing! I appreciate your comment, but you must realize the majority of the time, these cases will be fought in small claims court by neighbors without much legal knowledge or without additional attorneys and the judge will likely follow the letter of the law. Texas residents can register for a library account online! 2. Then it will be for a judge to decide the matter! Each fence on our own respective properties. Who is responsible for the maintenance of a fence between two properties? I hope I am understanding your question here correctly?? However, if one neighbor wants the fence and the other neighbor doesn't, the fence builder can require the neighbor to pay half the cost of the fence even if the neighbor doesn't want the fence, doesn't have cattle or doesn't want to pay for the fence. This must prime you to carefully consider the property lines before erecting the fence. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. The most common remedy is to take the neighbor to small claims court to recover the non-paying neighbor's share of the costs for the fence repair. One neighbor is not financially able to split the cost but said he would try and chip in what he could. For these reasons, even if you are happy to pay the full costs of fencing work, you should try to talk to your neighbour and come to an agreement before starting any work. I want to get this done the sooner the better and he has not giving me a response since December 2020. Whether you pay for it or not, the "good" side goes outwards. Shirley Jean. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Of course, it all depends on the laws in the city and state where the tree is located. Do owners of homes with pools fall under a different set of rules. And if that doesnt yield the results that you want, then you can file a suit in a Small Claims Court seeking to have the neighbor pay their share of the costs. The neighbor verbally agreed to this via texts and I sent quotes via texts. sorry for the crappy neighbor, youd be surprised how common this really is! Generally speaking, if a fence or retaining wall is on your neighbour's side of the property line, then they're responsible for paying for it. Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? Our properties backup to a small slope. If they say no then the fence building homeowner is normally obliged to build it on their own side of the property line, at their cost. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. State law governing security measures built or installed on property within a property owners' association.