We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Whether you received it or not, if he lacks proof, it will do him no good in court. what about security/privacy?) 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? Neighbor and I share a panel/lattice on top fence for most of our shared fencing. Yes it will unfairly benefit them but the primary reason for erecting it is for your property. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? 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. 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. Good luck! Therefore he would have had proof that you received a notice and chose to ignore it. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. Period. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. What happens then? No, this will not cause any issues whatsoever. It blocks NOTHING in only on their side, which is why they want it done. What is hus responsibility and should I bear any ? To do this, the repair must be completed and paid for prior to the lawsuit. By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. 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. No work until 30days after certified letter. My neighbor put up a 6ft wood fence 4 inches from the existing 6ft wood fence on their side of the property. We asked if we could pay for a gate to be put into the fence at our cost so we could have access to the area. Assuming your neighbor will pay half is incorrect. Still proceed to have the fence repaired and then take her to small claims? The main one being, that they dont benefit from the erection of said fence. Except on the front portion which is in my front yard. Do owners of homes with pools fall under a different set of rules. 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. Often times this gesture will include the neighbor having some input into the fence's design. You cannot force or report the neighbor since they are not legally obligated. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Did the fence pre-exist you and the neighbor? The fence needs to replace much of it because of the poor maintenance on my neighbors side. Fence it up and intact. State laws on fences and range restrictions. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. Do you know? Why would he? that would force him to install another 3 foot rod iron fence on his property. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. If they are not deemed by the law to be using it, then they cannot be compelled to pay. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. Here is how it works. Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? When a neighbor refuses to pay half of the fence, be more vigilant about keeping to the exact the property lines.if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'consort_design_com-banner-1','ezslot_3',107,'0','0'])};__ez_fad_position('div-gpt-ad-consort_design_com-banner-1-0'); What we have discussed so far pertains to scenarios where there was no fence to begin with. The fence between my property and my neighbors property is down. We did not like it. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. I hope the business property has to clean up and replace it. The existing fence isnt bad at all. Our neighbor wants to replace the fence with vinyl fence. If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. In certain counties or residential areas there can be ordinances regarding that. That neighbor has since moved and a new owner bought the house as a rental property. 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. The second option is to leave the failing wood fence there and build a vinyl fence a foot or two into your property. If you have ever sat through a small claims court session you undoubtedly saw at least one litigant going after a neighbor to pay for half of a fence. Never allowed us to consider disparate bids. This private attorney's office has compiled a list of most Texas counties' stock laws. We agreed. 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. There would now be two fences along the boundary. I am on disability and cannot afford to even split the cost really. No he won't even listen to me. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. NRS 34- 102. RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. Never consulted us. If your neighbor says no to your informal approach, the next step should be to get an estimate of the cost of the fence from a contractor. No wonder why some people prefer to not have any immediate neighbors. 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). Do your neighbors not agree on fixing the fence, what contractor to use, or the price? The fence is over 25 years old and the entire fence could stand to be replaced. If this doesnt work, then you should report them to your local HomeOwners Association. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. Our situation is different then all the comments I have read. The term good neighbor just refers to the style of the fence. 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. 1.1K Posts. Neighbors dont always have to share the cost of a fence. You will just have to go ahead and erect the fence. 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. A couple of the neighbors are hard to deal with. Tuesday. It is not something that NEEDS to be done. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. There is a fence that runs right through our parcel it is aprox. Thank you. Then whenever there is something that needs to be done you discuss it with your neighbor first. Thank you! This is because if you erect a fence it will simultaneously benefit the neighbor. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining the fence. Posts were like new pressure treated and totally solid as they had been replaced about 7 years ago. 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. FREE . This e-book provides information about your legal rights and responsibilities as a neighbor. He was not nice when I went out to talk to him about it. If he still refuses now you will need to go down to the courthouse and file a small claims suit against your neighbor and pay the small fee. Can I do half of the fence and they can do half of the fence? Is this situation an exception? If you don't have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. Therefore, if you hit a negotiation roadblock with your neighbor, the first thing that you should do is to visit a local office of their offices and present your case. Do we still split it in half? This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. And if one neighbor refuses to pay, the other neighbor can do the installation or repairs and thereafter seek to be reimbursed by the other neighbor. So he got one estimate and paid the company and then demanded I pay half. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. My partner and I ran across this different website and decided to take a look around. The neighbor also has a pool. It would be nice, yes. 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. Anyway, can they sue me for 1/2 the cost of this ? Sat - Sun: Closed. 49. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. Also, the new fence could not be an unnecessary upgrade from the previous fence. Posted by 4 years ago. In the unwritten rules ofhome fencingetiquette, the first thing you should do after deciding to build a new fence is to discuss the project with your neighbor. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. However, while the law in most areas outlines this as the first step, it is usually advisable that you approach your neighbor informally before issuing such a notice. Rule 2: Neighbors shall share the costs of installing the fence equally. 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. Vancouver, BC. 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. Pics and docs of the current properties fencing See the resources below for more information. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. Yes, you can paint your side of the fence because you own part of the fence. 3 quotes This usually happens in cases where: However, in order for a neighbor to be able to be compelled to pay their share of the costs, they need to be using the fence. Are they willing to contribute something towards the fence? 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? Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. Use this free tool to get in touch with a local fence expert, maintenance of a fence between two properties, Corrugated Metal Fence vs Wood Fence: Comparison, How Many Fence Posts Need for 1 Acre Of Farm Field Fencing, How Many 8-Foot Sections of Fence To Enclose A 1-acre Lot. This has been on going for 3 years. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. What Can You Do About a Boundary Dispute With a Neighbor? However, if the neighborhood has a fence around all properties, it really doesnt matter much if the fence is 1 foot over on his yard. 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. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. Well, its simpler than that. We deal solely with fences and decks and not siding, etc. They asked permission and we acquiesced but chose not to participate in the fencing. The neighbors called and threatened to sue us. Such a fence will be your personal property and you will have absolute control over how you build and use it. Any time children, especially my own, sat on the fence, the homeowner would yell get off my fence. I enjoy what I see, therefore Ive decided to follow you. Any thoughts not input would be greatly appreciated. It is only after the neighbor seems reluctant to participate in sharing the costs should you then proceed with the formal notice. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. Neighbors can comment on your request during the variance hearing. My gate is set back from the street more than my neighbors. Never gave us the opportunity to make a selection that matched our existing fence. Also during the raining season, we need to do the roof and siding work asap before the raining season. If they attach their own fence to it, they are also considered to be using it. If your dog injures the other pet owner, you may be held liable for the person's medical bills, lost wages, and pain and suffering, on top of veterinary care for the other dog.. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. She has to get three separate estimates and then you two can agree as to which company to go with. However, another possibility is that your neighbor doesnt care about a new fence, in which case you should prepare to assume 100{5fae7dcccc1057dbda1e018640e298c291ecbda3e3a3c6a23c160c38759dcd72} of the cost, unless your neighbor approaches you and says he wants to contribute to your costs. 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. They put up white posts and rails, tan slats. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. 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. Part of the fence is now leaning into the neighbors property. Close. My fence completely encloses my back garden and is a corner lot. And after you are done, you can write a demand letter to your neighbor requiring that they reimburse you their share of the costs. We sent the insurance coverage, licenses. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. As far as tearing down part of his fence. He did. You do not want to be caught by surprise. 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. The fence is solely your responsibility. 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. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. Of course, like many laws there are exceptions. 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. We both had existing wooden fences, about 12 apart. Remember he 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. If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. The first step in dealing with this is to talk to your neighbor and then compare deed copies. He said he could not pay half only $600. This means that your neighbor (s) have the same rights to the shared fence as you do. Yes, you can talk to them to see if they are interested in sharing the costs but they will not be under obligation. The first option is to build the fence on your side of the property line. They want us to pay for 1/2 of the repair. 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. Who has to pay to replace it? Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. 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. one side is finished and the other isnt), then the less-attractive side should face your property. Your 50 percent ownership of the fence is no different. Shouldnt we have a right to easily access our own property? They have a right to go to mediation and even to court in order to force the reluctant party to reimburse them their share usually half of the costs. An informal approach, explaining the need for a fence and seeking your neighbors opinion on what is needed, has a better chance of yielding positive results and less resistance. Only one of them communicated this to us. The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. I wasnt even the owner when he decided to build the block fence. I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. . 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. We had no say in the decorative fence. It was always referred to as their fence, and nobody else could touch it. He then ghosted me, my mother. The case law for boundary fences is found in. Can she force me to pay for the materials and she do the labor? The law places responsibility on both parties because both benefit from the fence. If they are reasonable enough they will commit to contribute something. 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.
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