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. Our properties backup to a small slope. 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 See Conner v. Find your plat and review it together. I informed him that I already have a contractor in place but he was insistent that I use who they subcontract through and ordered me not to proceed any further. 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. He said that would be nice, as most people do not do that. Can I replace an existing fence without neighbors permission? Its an aesthetic preference that she wants a brand new fence. I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. Any tips on how to proceed? I bought a newly built home in 2000. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. Seems like a stalling tactic to avoid paying for it. Any advice on how to proceed or deal with this overbearing representative? My neighbor just put up a new fence. So he got one estimate and paid the company and then demanded I pay half. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. If these approaches do not work, your fallback option is to refuse to pay anything, and then add a new panel on your own property that matches your initial two, such that there would be two fence panels between your home and your neighbor's. This is not uncommon in suburban areas. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall, Approaching your neighbors about paying half. 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. The old saying that "good fences make good neighbors" still applies today. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Are they willing to contribute something towards the fence? If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. This has been on going for 3 years. This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. Certified letter of intent See the resources below for more information. State law alsomandates that all State and US Highways are closed range. I did not understand exactly but saw it was the same price and pressure treated, etc. They have their vinyl fence and we have our wooden fence (though not economically sound). 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! First off, does she have the expertise to build a fence like a company that specializes in building fences and provides a warranty, which your not going to get with her? 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. The court can do one of three things: Order removal. 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. one side is finished and the other isnt), then the less-attractive side should face your property. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. That 32 of fence is behind a large hedge and is not even visible from my property. We saved all receipts from the hardware store. Part of the fence is now leaning into the neighbors property. His tenant dog Kill my dog. The fence between my house and my neighbour's house is old and falling down. Secondly, I wouldnt pay them a dime if I were you. Eventually, a neighbor moved and sold their house. 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). A fence is no exception. Neighbor does not want half he wants full amount. The neighbor isn't responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. I Said they should of waited till the house was under my name and I would of helped out. 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. See the resources below as well as our Livestock guide for more information. 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 you erect the fence and it encroaches into the neighbors property, they can report you. Please let everyone know if you have any ideas as to another route to take. Will we need to pay? He then re does his 3 sides but not our shared said nor buy material for it or even ask us to go half for the cheaper material. If the existing fence is within your property, you can replace it with whatever type of fence you want and at your expense, although you should let the neighbors know of your plans in advance of replacement. We like the open space and look. 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. Request Repairs Notify your landlord by phone and in writing that the fence needs repaired as soon. Archived . If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. I wish they would have just talked to us about going in 50/50 on a new fence. Therefore it seems to me she is trying to rip you off! Not your property, not your fence. Your neighbor, as the owner of the sucker, would have to pay for your car. 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. According to the applicable law in Texas, it is not mandatory for a neighbor to pay half of the fence. Neighbors dont always have to share the cost of a fence. The fence did add value to the house, and the neighbor built it to be pretty on both sides. Everyone likes a good-looking fence, especially if it enhances overall property value. Our road is in desperate need of repaving. Well, I wish I could give you better advice but the matter is in your neighbors hands. The second option is to install the dividing fence on the property line anyway. And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. He said he will take me to small claims if I do not pay him. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. 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. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. keeping dogs/ children, etc. 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. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Also was there a fence there before that is falling apart. Here is how it works. State they didnt have insurance policies he wanted. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. (on their property) We were never asked to pay for any of it. How is this even possible? Do they have the right to force us to sign their agreement to allowour work to start? It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. I know personally, I would never get involved with such a situation! The solution is simple a fence called a good neighbor fence where the rails as you call 2x4s alternate with every post linearly. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Contact us today at 405-778-1545 or click on the big green button below to schedule a . Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. According to the Texas Agricultural code, a neighbor can't remove your fence or a jointly owned fence without giving you a 6-month written notice first. This is because they will be trying to avoid contentions. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Please take our patron satisfaction survey. Maybe higher. In the front yard. 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. No one is seeded to the road. 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. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. The fence needs to be repair. Exterior Paint for Bathrooms: A Cheaper Alternative? Now we are stuck and the cost is adding everyday to put home on market for sale. We intend to remove the fence. What then if the neighbor will not pay half of the fence? Thank you, My husband nailed planks on the fence to cover the 2x4s. Do not do so! 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. If it comes down to it you might need to get a restraining order against him. . Boundary line disputes may arise between adjoining neighbors for a variety of reasons. There hasnt been any communication at all from my neighbor Please take our patron satisfaction survey! It would be nice, yes. Fencing mayalso be regulated by Texas municipalities.
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