Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. After all, as Robert Frost once said, "good fences make good neighbors." Practice good fence etiquette - learn the law, talk to your neighbors, and be as respectful and considerate as possible along the way. The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. Everyone likes a good-looking fence, especially if it enhances overall property value. Then you and your neighbor can get together and make the best educated decisions in regards to making the necessary repairs or replacement to your mutually shared fence line. 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. No, if neither neighbor wants the fence, there doesn't need to be one. Never gave us the opportunity to make a selection that matched our existing fence. Everything you need to know about the California Good Neighbor Fence Law! I will now finish the fence, pay 100%, block his view of my yard, and recapture my privacy. neighbors. Our situation is different then all the comments I have read. Thanks! When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! According to the law, you do have the responsibility to pay for half of a shared fence. Both property owners own the fence erected between the property lines when both use it. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. The neighbor wanted to put in a fence, and thought we should pay half. Neighbor has constantly harassers me constantly if he sees something touching his 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. 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. 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. Thank you! RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. Still proceed to have the fence repaired and then take her to small claims? One of the most contentious aspects of properties neighboring each other is property lines. I have owned my house since it was built, in the early 70s. 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. We wanted to replace it and he said we need 3 bids, my wife worked for months to get 3 bids and when we presented him with these he promptly said he could not afford to replace the fence. The house sold for more than asking, by the way. Usually in small claims if it is under the max amount in your state (usually around 10-15k). Any tips on how to proceed? Close. First is to let the neighbor know if his legal responsibility to pay for half the fence. At the very least they are very cheap, which would mean an inferior crappy fence that isnt going to last as long as it should! If you want to fence in your property, you can't require them to pay for half the fence. Notice of Intent to Alter Shared Boundary Fence. 8: . What if the adjacent property is an apartment complex? Also, the fence was still in decent shape and we hadnt planned on replacing soon. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. Can I still take him to court. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Anyway, can they sue me for 1/2 the cost of this ? A mediator will help you two to reach an agreement. 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! Most likely your neighbor did it purely for aesthetic reasons, and that is not a valid reason if he wished to be reimbursed for half the costs down the road. We do not want, or have a need for this new fence. Our neighbors property has their front yard side fence built on their property, parallel to our fence, about 16 inches from our fence along the entire way. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. The fence between my property and my neighbors property is down. Although I know this is now besides the point, I would actually always recommend a custom built fence to the prefabricated fence panels they carry at big box stores. Code Sections 143.121-.123, passed in 1981, governs this issue. The fence has deteriorated and a section has fallen over. It is not something that NEEDS to be done. I hope the business property has to clean up and replace it. The pool has nothing to do with it. Can a neighbor remove a fence? 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. In the Woodlands and many other neighborhoods in Houston, fences are required to have the picket side facing any public roads. Well, I wish I could give you better advice but the matter is in your neighbors hands. 8:00 AM - 5:00 PM. It discusses the concept of "running at large," liability issues, estrays, and fences. Using the website, you can get 3 estimates fast by real certified experts in your area in just 2 minutes. 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). The neighbor got another quote for exactly the same price and I said, ok, we can use your guy. The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. 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. Contact your local government. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. 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. 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. Do they have the right to force us to sign their agreement to allowour work to start? If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. 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. If you lack a plat, hire a surveyor to do a new survey of the property. We have both got estimates that are similar in price. 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. And if that doesnt work, you can file a lawsuit against your neighbor in order to recover half of the cost. In other words, it is no longer capable of serving its intended purpose, i.e. Hes going forward with it and we will get the framed side. one side is finished and the other isnt), then the less-attractive side should face your property. To do this, the repair must be completed and paid for prior to the lawsuit. Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Not your property, not your fence. Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. Most states provide mediation services. Archived . 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 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. Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed. 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. I talked to the contractors and they felt bad no notice was given. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. 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. He would have had to get at least 3 bids from reputable companies and presented all these to you. One interesting issue is that of fencing. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. 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. She has to get three separate estimates and then you two can agree as to which company to go with. In this scenario, would the State law trump the city? No one is seeded to the road. We deal solely with fences and decks and not siding, etc. 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. An individual is only allowed to trim a neighbor's tree up to the property line. . There were 3 major mistakes on his part. Do Neighbors have to share the cost of a fence? Neighbors can comment on your request during the variance hearing. I had not notified him yet of the contractor doing the job as it just got scheduled. Never consulted us. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. 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. I hope I am understanding your question here correctly?? If you are currently in dispute with a neighbor over their fence, you should . In that case, he has to pay the other owner for one-half of the already existing fence. Does this remove us from mutual benefit responsibilities and paying half of the replacement? We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. If they are reasonable enough they will commit to contribute something. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. However, if for some reason one side looks better than the other (i.e. If there was and the fence is being replaced you would ONLY HAVE TO PAY for the sections that run along your property line and absolutely nothing else. 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. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. Can I do half of the fence and they can do half of the fence? A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. This is because they will be trying to avoid contentions. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. 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 back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. The fence is old and grey but was being maintained with new planks when needed. He does not live in the area. 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. State law governing stray livestock or fowl. It is very good you havent paid anything for it yet. No, this will not cause any issues whatsoever. 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. How To Live Without Paying Property Taxes. 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. I'll also make sure I'm within my property line just to avoid that headache. 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. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. 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. This was attached to the existing sideyard fence that was part of the developments construction. I do not think this qualifies for a Good neighbor fence. I do not see why you wouldnt be able to do what youre proposing except for the fact that it could bring along with it a lot of issues. However, you can be right and still have to pay for the whole fence. When there is a shared responsibility you need to be sure it is. What happens if the Neighbour refuses to pay for a fence? Their fence does nothing to secure my property. I kind of felt backed into a corner and found myself becoming a bit defensive to where I dont even wanna deal with this representative for the rental company. Call a minimum of 3 fencing companies, such as. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. Melissa, very good question. Except on the front portion which is in my front yard. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. Your neighbor is not legally required to pay half of the fence. 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. This is because if you erect a fence it will simultaneously benefit the neighbor. I reported to my insurance and they paid for half the replacement cost. I am willing to pay for fixing the fence as needed but it does not need to be replaced with a new fence. There is no splitting costs here as there is not shared structure. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. I wish I could help you, if you live around the Concord, CA. He did. 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 However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Texas does not have a specific state law that addresses boundary line fences. This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. Be sure to also check your local code of ordinances to see if any additional laws exist. He has not responded to my texts since May as to when he will replace the fence. Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. I text him to have proof and he calls me to answer do I have no write that he agree to go half. I told them if we dont hear from them in 7 days to expect construction in 30 days from the response deadline. See Conner v. Our neighbor wants to replace the fence with vinyl fence. The fence does not enclose their front yard but is still a neighboring fence. Shouldnt they have to replace the fence since they removed it? Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). This private attorney's office has compiled a list of most Texas counties' stock laws. You need to stand your ground, tell him you will not be paying for any of the costs of the wall, or anything else for that matter. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! 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. Undercommon law, Texas is an "open range"state,meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway.
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