According to the applicable law in Texas, it is not mandatory for a neighbor to pay half of the fence. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. Brian, sounds like you have it pretty much figured out. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Maybe higher. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. Who pays for the fence in Texas - houzz.com It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? If one neighbor damages the fence, he or she could be liable for costs to repair. Possible disputes might be hard to settle so much that they may end up in court. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. How To Live Without Paying Property Taxes. Griffin v. Sansom. Whether you received it or not, if he lacks proof, it will do him no good in court. 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. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Also, in this ambivalent neighbor scenario, your neighbor is under no obligation to put any money towards your new fence, even if he/she derives some benefit from it. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Can she force me to pay for the materials and she do the labor? Two questions: Fence Repairs: Are They a Shared Cost with My Neighbor? And in case one neighbor is uncooperative, the other neighbor can proceed to build the fence and thereafter take their neighbor to court in order to recover half of the costs of the installation. Out of the 9 houses only 4 are year round. 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. Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Good luck! I hope this answers your question somewhat good luck with your neighbor! The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Our backyard fence (100) is on or rear neighbors front yard side fence. Also was there a fence there before that is falling apart. What then if the neighbor will not pay half of the fence? At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. The fence was not leaning and still standing up and was holding up to natural elements such as wind but the neighbor claimed he or his dog could break the planks. Exterior Paint for Bathrooms: A Cheaper Alternative? Every property on the North side has the planks and the on Southern fence you have the 2x4s. Eventually, a neighbor moved and sold their house. Good Neighbor Fence Etiquette | Fence Guidelines and Tips - HouseLogic In certain counties or residential areas there can be ordinances regarding that. Does this mean both neighbors are responsible for the cost of the retaining wall as well? I have video documentation of the damage . Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. 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. Here is a short section of the actual law to better explain what I mean by this: Boundary fences sit on the boundary line between two properties. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. Neighbors can comment on your request during the variance hearing. If you lack a plat, hire a surveyor to do a new survey of the property. 8: . Sat - Sun: Closed. This article, written by a Texas attorney, is a good primer to the issues involved with adverse possession of real property. 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. The neighbor is bullying you in order to make money off you. The primary reason for doing this is to ensure that your notion of the property line matches your neighbors. If replacement is needed because of improperly planted bamboo and neglected maintenance of plants causing encroached on our property line and has warped and beoke pickets, posts and rails, is cost still split? Now we are stuck and the cost is adding everyday to put home on market for sale. Also a small child or animal could possibly get into his yard and get in his pool. 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 replaced our old Good neighbor fence. This applies only if the fence is currently directly on the dividing lot line. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. Actually, under the law, any maintenance to keep the debris from the trees off the the fence could be billed half to the neighbor. 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! You do not absolutely share the cost of the fence. But did not want to go through our contractors. My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. I Said they should of waited till the house was under my name and I would of helped out. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. Fence Etiquette 101 - MMC Fencing & Railing 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. Stay Legal with These Must-Know Texas Fence Laws! - Home Garden Guides My neighbors want the fence between our houses done. Melissa, very good question. Can you paint basement floor with Drylok? The original fence was falling apart but the man claimed his neighbor didn't want to help pay for it Credit: Tik Tok "When your neighbor doesn't want to replace the aging fence," the Texas-based neighbor wrote over a video showing his brand new fence. No, if neither neighbor wants the fence, there doesn't need to be one. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. He then ghosted me, my mother. 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. I understood and said whatever wood you do your fence we can get. One of the most contentious aspects of properties neighboring each other is property lines. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. This was not a tornado , ir hurricane , and there was no other wind damage in the neighborhood . If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. The second option is to install the dividing fence on the property line anyway. This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. when we started doing the siding work. Our property is the lower one and theirs is the higher one. Also, the new fence could not be an unnecessary upgrade from the previous fence. And approached us in an aggressive and very critical manner. 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. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. Fence it up and intact. If you erect the fence and it encroaches into the neighbors property, they can report you. I signed a contract and the day before installation neighbor said no, fence could not be removed, so I had to have it installed on my side (plus pay the total $3000). Fence Height Rules. Please let everyone know if you have any ideas as to another route to take. Would have to agree with Potential Customer partly. If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. My neighbour wants a retaining wall. Who has to pay? As far as the charging you for cleaning costs, etc. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? Part of the fence is now leaning into the neighbors property. 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. She does not want to do it that way. That is if their reasons for not paying are not genuine. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. Then his brother who lives in the house said he would do it and never provided quotes. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. Who is liable when vehicles on a roadway hit livestock? Do you know? This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. Your next step is to file a lawsuit against him in small claims! I would definitely go ahead with the notice to alter shared boundary as soon as possible giving the neighbor as much time as possible before construction commences. What if my neighbor doesnt want a fence? 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. 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. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Rules and regulations can, however, vary between city and state. Your neighbor's dog chewed through the fence. If he continues to do so anyway, call the cops. Whether or not your neighbor ends up covering half, some, or none of your new . Especially since they are quite a bit more expensive and in theory will last a lifetime. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Although you didnt follow the steps necessary under the CA Good Neighbor Law, if it were me I would go ahead and take him to small claims court. It extends throughout the life of the fence whereby both neighbors are supposed to share the responsibility of keeping the fence in a good condition equally. We sent the insurance coverage, licenses. 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. Pay for the fence and then send a legal demand upon him to pay his share. Join for use: the attachment of another fence to the boundary fence that would force him to install another 3 foot rod iron fence on his property. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. We didnt do anything about it, as we didnt want to cause problems in our first year here. . Good luck! Copyright by the Texas State Law Library. When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. So you are presented with the same predicament? Our road is in desperate need of repaving. Thanks for any time you spend reading about my situation. Entire enclosure: the property owners entire property is enclosed by the attachment of other fencing to the boundary fence Can we keep the planks and not remove it? Be Aware of Tree Root Issues. However, you can be right and still have to pay for the whole fence. From the way you have explained it, I would predict you are not going to be responsible whatsoever. Our backyard neighbors dont trim their trees (70 feet high) or their shrubs and now a few sections of the fence are leaning in our backyard due to the foliage pushing against and through the fence. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). I am not certain if I have any legal obligation to do anything here. The court can do one of three things: Order removal. She insists I pay half of the new fence. What was the outcome regarding the neighbors trees/vegetation ruining your fence? Keep in mind that vinyl and aluminum fences are much easier to clean than wood fences, which require not just cleaning but also staining and sealing. One section however that was falling down was simply wooden boards. We agreed. Only one of them communicated this to us. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. He charge me $80 that I paid him because I am tired of being harrassed. Neighbour asking for half fence costs - MoneySavingExpert Forum The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. Fence Etiquette Tips: Good Fences Make Good Neighbors - Texas Best Fence It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. My Neighbor's Tree Has Grown into My Yard What Now? The fence did add value to the house, and the neighbor built it to be pretty on both sides. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. My relationship with this neighbor is not good. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. Good luck with the whole situation and please come back and let us know how everything turned out once the ordeal is over! (Part 1), Texas Fence Law: Open Range.Or Not? Man shows bizarre solution as neighbor refusing to pay for new fence 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? Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. Is this situation an exception? I have a neighbor that replaced my fence on one side. The judge will side with you; you are in the right in this case! He was not nice when I went out to talk to him about it. The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. That being said I believe if you are set on getting a vinyl fence you have two options. Who is responsible for the maintenance of a fence between two properties? area let me know and Ill go talk to him! Neighbor does not want half he wants full amount. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. A week later, I came home to find a for sale sign in his lawn. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. As a result, provided both neighbors are using a fence, the law stipulates that the costs of installing and maintaining the fence should be shared equally between the neighbors.