If so, is it exactly on the property line? When traffic sight distances are impaired. Texas Fence Law Doesn't Require Neighbors to Share the Cost of a Boundary Fence There's no legal obligation of your neighbors to share in the boundary fence. We intend to remove the fence. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. I wasnt even the owner when he decided to build the block fence. Approaching your neighbors about paying half Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. It is not something that NEEDS to be done. The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. Never allowed us to consider disparate bids. Also was there a fence there before that is falling apart. 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. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. I asked a contractor how much to tear down my older wooden fence. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Eventually, we could no longer see the fence from our side. The homeowner says without any notice, her neighboring property owner recently demolished and replaced the shared fence between the two homes, leaving her with a "tacky" backyard separator.. 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 This publication from the Texas Association of Counties is written in a Q & A style and covers relevant statutes and case law surrounding open and closed range status. If, however, the neighboring landowner does not participate in the costs of erecting the fence, it is not considered a common fence but, instead, is the exclusive property of the builder. I hope I am understanding your question here correctly?? Civ. If your neighbors are damaging your fence, take photos and try to work it out with them first. It seems irresponsible to not include other information that might leave you stuck with the bill. Yes, that is correct. This, as many people know, can be a whole other issue, and information on the collection can be found on your local county court self-help website. Can she force me to pay for the materials and she do the labor? To be safe, install your fence 1-2 feet inside the official boundary lines. Peoples experiences do differ though as some go on to have the best neighbors. What to Do About Your Neighbor's Boundary Issues If your neighbor puts their property, a fence, or even an addition to their home on or crossing you property line, then you have a boundary dispute. 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. A 1995 article from Texas A&M Real Estate Center discussing boundary disputes involving fences, buildings or billboards that may cause an obstruction for neighbors. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Whenever you feel like doing anything to the fence, you will not be answerable to the neighbor. However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. whose property is the retaining wall actually retaining? 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. One section however that was falling down was simply wooden boards. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. My fence completely encloses my back garden and is a corner lot. However, you can be right and still have to pay for the whole fence. 1.1K Posts. Your neighbor is not legally required to pay half of the fence. We have both got estimates that are similar in price. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. However, the fence installed has a deep setback, meaning half our lots side yard has new fencing, and the other half has no fencing at all (dont think it ever did). If your neighbor doesnt want a fence, you have two options. Your next step is to file a lawsuit against him in small claims! So he got one estimate and paid the company and then demanded I pay half. I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. Depending on where you live, they may also . Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. Generally, both neighbors are responsible for the maintenance of a fence between two properties. A blog post from the Texas A&M Agri-Life Extension discussing state law that provides requirements for a landowner seeking to remove certain fences on his or her own property. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. The back part of the fence, in the backyard, fell and is neighboring all of the neighbors front yard. I stated I was not the owner at the time, but I was willing to pay half. Copyright by the Texas State Law Library. The first option is to build the fence on your side of the property line. 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? Good luck! 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. Your neighbor, as the owner of the sucker, would have to pay for your car. Most states provide mediation services. She is still refusing to do her part. Would have to agree with Potential Customer partly. Posted by 4 years ago. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. In other words, it is no longer capable of serving its intended purpose, i.e. sorry for the crappy neighbor, youd be surprised how common this really is! Does this mean both neighbors are responsible for the cost of the retaining wall as well? I think it was never our intent to have a fence and continue to advocate for no fence. The specifics of the laws that apply to disputes relating to sharing costs of installing and maintaining boundary fences vary from state to state. Neighbor wants to upgrade the whole new fence and pay for the whole project. I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. If so, the fence is a shared responsibility. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. Your neighbor accidentally crashed their car into the fence. Any other way will show you up as the impolite, inconsiderate, crass and selfish person that you really are. 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 neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. How are we doing? 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. Although there have been no reported Texas decisions applying this statute, it is on the books and landowners should be aware of its requirements. I share a fence that is 75 long with a neighbor. 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. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. I was advised by the HOA board about Cal. And her contractor for one year. a picture frame fence since it looks the same from both sides, or when a basic nail-up fence is built with alternating panels, hence both neighbors get equal shares of the bad and good sides. He set the first two panels on the slope with good side facing him. Agreements between neighbors can also exempt one of them from sharing the cost of a fence. The State Bar of Texas created this guide to legal questions from those affected by disasters. Several new laws passed by the Texas Legislature in 2021 prohibit an association from restricting: These new laws do still allow the association to limit the appearance of theenclosure as well as the type of fencingthat can be used. ( However in our mind that project was 2 to 3 years away as we were already spending more on other priority projects) I noticed this work going on on the last day the contractor was finishing up. In some cases, the . Our situation is somewhat different then what I have yet read. Whether you received it or not, if he lacks proof, it will do him no good in court. He would have had to get at least 3 bids from reputable companies and presented all these to you. 6. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? They asked permission and we acquiesced but chose not to participate in the fencing. 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