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. State law governing swimming pool enclosures installed on property within a property owners' association. This is because if you erect a fence it will simultaneously benefit the neighbor. I want to get this done the sooner the better and he has not giving me a response since December 2020. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. We do not want, or have a need for this new fence. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! If your neighbors are damaging your fence, take photos and try to work it out with them first. 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. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. 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. The neighbor is bullying you in order to make money off you. My fence completely encloses my back garden and is a corner lot. In some cases it is possible they might not have the capacity to contribute something. That is unfair because they can benefit from something they did not pay for. He said he could not pay half only $600. 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. 1.1K Posts. How do I keep the gap clear or how can I get my neighbor to allow a new fence on the property line (since he has 2 large dogs it cant come down without his participation)? From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. The rulings in these cases provide the basis for fence regulations in the state of Texas. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. A 2021 article from local news station KPRC 2 Houston discussing the new security measures law and some of the issues property owners are experiencing with their associations when attempting to install fencing on their property. I would send them a letter certified mail with return receipt requested (for proof should you need it down the road) to immediately stop[ all harassment against you, state that you will not be paying them a dime as you were not the homeowner at the time of replacement, and should they wish to take you to court, go ahead! In some jurisdictions, there are rules directly prohibiting the erection of fences that block light from getting into neighbors homes. They did not inform us and did ask for us to help pay for the fence. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. According to the law, you do have the responsibility to pay for half of a shared fence. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. 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). It would be nice, yes. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. This is because you have absolute building rights to build whatever structure you want on your own property. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? . There would now be two fences along the boundary. Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. Does this mean both neighbors are responsible for the cost of the retaining wall as well? One section however that was falling down was simply wooden boards. Many legal problems can arise otherwise. Thus it all boils down to you engaging them to see their position. It seems irresponsible to not include other information that might leave you stuck with the bill. See Conner v. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. We are buying land. So he got one estimate and paid the company and then demanded I pay half. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. As I just stated I would be very hesitant to allow her to build the fence for two reasons. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. Since a dividing fence is deemed to be owned equally by both parties, then it follows that the neighbors contribute equally towards setting it up. The good news, you have absolutely nothing to worry about. You can do this by first building the fence, and thereafter writing to your neighbor demanding that they pay half of the cost of installing it. If so, the fence is a shared responsibility. We didnt do anything about it, as we didnt want to cause problems in our first year here. Property Owners' Association research guide, Section 202.022 of the Texas Property Code, Section 202.023 of the Texas Property Code, POA Power Shift Legislature Gives Property Owners More Rights. No wonder why some people prefer to not have any immediate neighbors. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. So you are presented with the same predicament? I am currently dealing with a neighbor that is refusing to fix our shared fence. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and fair. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. what if my dog runs off? Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Theres an easement/driveway between my backyard and my neighbors front yard. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. Two questions: Fencing mayalso be regulated by Texas municipalities. 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 Things to Know About Wood Fencing Maintenance: Insights from a Fence Contractor in Lake Bluff, Illinois, Factors to Consider When Searching for a Fencing Company in Libertyville, Illinois, Which Fencing Materials Should You Consider for Your Home? Jim, thank you for the great question. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. My new neighbor just started replacing all his fencing in his backyard. If you want to fence in your property, you can't require them to pay for half the fence. Yes, you can talk to them to see if they are interested in sharing the costs but they will not be under obligation. Insights from a Fence Installation Contractor in Lake Forest, Illinois. 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. Your neighbor intentionally damaged the fence. My relationship with this neighbor is not good. Good fence etiquette dictates that your neighbor gets the good side of the fence. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Your article however is stating there is a State law that says otherwise. Good Luck! Please take our patron satisfaction survey! Can I still take him to court. Copyright by the Texas State Law Library. Can I Move Neighbors Stuff Off My Property? He offered to remove our old wooden fence for $600.00. Created by the Texas A&M AgriLife Extension, this book gives landowners a background on how Texas fence laws originated, explains the current laws that landowners should know, and details a few common fence dispute scenarios and solutions. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. You sound very knowledgable, friendly, and it sure looks like you build some top notch fencing. 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. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! It is only after the mediation process fails are the neighbors then advised to take the matter to court. 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. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. My husband wants to put the planks on our side. area let me know and Ill go talk to him! You bring up replacement due to aesthetics and upgrading a fence? Yes, there are no provisions in the statute to account for one neighbors actions, i.e. A mediator will help you two to reach an agreement. If it comes down to it you might need to get a restraining order against him. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. One neighbor is directly responsible for the damage that a fence suffers. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. Rule 5: A neighbor who destroys a dividing fence shall be responsible for repairing or replacing it. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? Step 1: Talk face-to-face Step 2: Request a tree inspection Step 3: Write a letter Step 4: Take legal action Step 5: Document damage Step 1: Talk face-to-face If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. I had contacted my neighbor twice that we need to get the fence fix. I dont know why she says that. Make sure you know how to check if tree roots are gumming up your sewer line. Rule 2: Neighbors shall share the costs of installing the fence equally. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. Thank you for your article. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? One of the most contentious aspects of properties neighboring each other is property lines. The fence falls after he rent it out to another family who as well as me has 3 large dogs. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. However, generally, the neighbors are supposed to share the costs equally. What is hus responsibility and should I bear any ? Has he prepared or filed any paperwork? Do we still split it in half? Your next step is to file a lawsuit against him in small claims! The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. QUICK CONTACT. Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. Vancouver, BC. In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. You should contact your insurance provider and file a claim. I noticed this when it was almost done. Therefore the law states that this fence is not benefitting your neighbor. Each fence on our own respective properties. There was nothing wrong with previous wood fence it had while home was in escrow. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. Can a neighbor remove a fence? Before I can answer your question as to who would be responsible for the retaining wall I need to know the following information: -Whose property if higher up, i.e.