My backyard borders three neighbors (cul de sac), and the fence was in approximately the same (poor) condition across all three. Now there are two fences that not only a too totally different styles but heights. Then he said he would come up and build the fence and also move my gate for which I would pay him for and 1/2 the neighbor fence. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. What to Do If Another Dog Attacks Your Dog: Liability and Legal Rights We like the open space and look. The term good neighbor just refers to the style of the fence. Fences and boundary lines are a common source of grievance among neighbors, with the Texas Law State Library saying: "A common dispute among neighbors is who owns, as well as who is. 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. Now we are stuck and the cost is adding everyday to put home on market for sale. 6. The service will then get both of you together and try to make you negotiate. 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? 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 We need to have some stucco repair to the side of our house in that area and would like to be able to get in there periodically to weed, etc. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. 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. 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. No wonder why some people prefer to not have any immediate neighbors. In some cases it is possible they might not have the capacity to contribute something. Chapter 15 of this book discusses neighborly problems. 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. She has to get three separate estimates and then you two can agree as to which company to go with. NRS 34- 102. Fence Etiquette: Who Gets the Good Side? - The Fence Authority 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. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. If she fails to respond, you will then go ahead with the construction (just make sure and inform her the days they will be replacing the fence in case she has dogs, etc.) The court can do one of three things: Order removal. In other words, it is no longer capable of serving its intended purpose, i.e. 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. I wish they would have just talked to us about going in 50/50 on a new fence. The fence is old and grey but was being maintained with new planks when needed. 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. Good Luck! They have the planks on their side and our side has the 2x4s. What Can You Do When Your Neighbor's Fence is on Your Property? See the resources below as well as our Livestock guide for more information. 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. Some years back, with consent from the prior owner of the neighboring house, my husband paid for and built a fence in our FRONT yard between our driveway and neighbors side yard for growing plants on (decorative). Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. 2 attorney answers. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Contact us today at 405-778-1545 or click on the big green button below to schedule a . 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. 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? ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Our property is the lower one and theirs is the higher one. State laws on fences and range restrictions. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! I have owned my house since it was built, in the early 70s. Texas Fence Line Agreement Download legal document templates from the largest catalogue of legal forms. The fence boards (good side) all face our property, the framing is all on their side. Its an aesthetic preference that she wants a brand new fence. Neighbor does not want half he wants full amount. There is no splitting costs here as there is not shared structure. 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 backyard fence (100) is on or rear neighbors front yard side fence. I stated I was not the owner at the time, but I was willing to pay half. If you go down this route your neighbour should . First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. 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. She just moved into the neighborhood in December, but the strong winds we had back in January/February left us both with a collapsed fence. If not, the neighbor whose side the fence is on has the sole ownership of the fence. What if my neighbor doesnt want a fence? Did the fence pre-exist you and the neighbor? The other 400ft i f that line of fence is livestock open space fencing. Also, the new fence could not be an unnecessary upgrade from the previous fence. How To Live Without Paying Property Taxes. Yes, there are no provisions in the statute to account for one neighbors actions, i.e. That is unfair because they can benefit from something they did not pay for. But did not want to go through our contractors. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. That 32 of fence is behind a large hedge and is not even visible from my property. Although I was not informed in advance, not included in the planning, never saw a quote or even a final bill, I felt bullied, and paid him the $500. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. So you are presented with the same predicament? We can examine your fence, point out issues, and offer a range of solutions. It gets a little complicated when it comes to retaining walls. It is entirely visible on their side. So he got one estimate and paid the company and then demanded I pay half. However, if for some reason one side looks better than the other (i.e. 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! First point I made was that dont want a wooden fence due to the upkeep of it. I had contacted my neighbor twice that we need to get the fence fix. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. 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. I hope I am understanding your question here correctly?? He has not responded to my texts since May as to when he will replace the fence. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. What happens if the Neighbour refuses to pay for a fence? Such a fence will be your personal property and you will have absolute control over how you build and use it. 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! 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. Most states provide mediation services. Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. We cant afford the cost for the fence that he wants($14k). A dispute over a North Carolina family using another's private driveway resulted in the construction a four-tire-high, 200-foot "work of art" sourced from a local landfill along their property line in 2018. (Part 2), Texas Stock Laws By County (Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law). It may attempt to recover money from the neighbor's insurance company if it feels the neighbor is at fault. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. The neighbor is bullying you in order to make money off you. However, there are times when property deeds assign fence maintenance responsibilities. It's pretty simple. Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. Code Sections 143.121-.123, passed in 1981, governs this issue. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! If they are not, they might just come up with some excuse to not pay anything.

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