When your property borders with another fencing can be tricky. Find your plat and review it together. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. See the resources below for more information. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. 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! To do this, the repair must be completed and paid for prior to the lawsuit. My partner and I ran across this different website and decided to take a look around. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. If the neighbor has a fence around his house, whether he likes it or not, a court will find that he benefits from the fence. Possible disputes might be hard to settle so much that they may end up in court. I wasnt even the owner when he decided to build the block fence. Sometimes it turns out a fence isn't on the property line after all. While neighbors are generally required to share equally in shouldering the burden of maintaining and repairing a dividing fence, this does not apply in cases where one neighbor is to blame for a fences damage. 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. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. Because it is so bad. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. when we started doing the siding work. If they are not, they might just come up with some excuse to not pay anything. In the front yard. Join for use: the attachment of another fence to the boundary fence Any thoughts not input would be greatly appreciated. And also if the fence forms part of a structure enclosing their property. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Resolving Division Fence Disputes in Nebraska | UNL Beef It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. It may attempt to recover money from the neighbor's insurance company if it feels the neighbor is at fault. Especially since they are quite a bit more expensive and in theory will last a lifetime. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. There is no splitting costs here as there is not shared structure. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Below you will find references to areas of Texas lawrelated to fences. We can examine your fence, point out issues, and offer a range of solutions. It seems irresponsible to not include other information that might leave you stuck with the bill. If one neighbor damages the fence, he or she could be liable for costs to repair. Jim, thank you for the great question. If you are not satisfied with the final product or it isnt what you had agreed upon prior to it being built, then you should not pay! I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. Sat - Sun: Closed. Do they have the right to force us to sign their agreement to allowour work to start? It is entirely visible on their side. First off, please whatever you do, do not pay this man a dime. And after you are done, you can then proceed to mediation or to court in order to have your neighbor pay half of the cost of installing the fence. We could not afford to replace it so we said we did not want it removed, as it was enclosing our property. It's pretty simple. Theres an easement/driveway between my backyard and my neighbors front yard. Every property on the North side has the planks and the on Southern fence you have the 2x4s. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. 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. 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. 2 attorney answers. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. If the neighbors refuse to pay half of the costs for repairing the fence, will we be able to take them to small claims? look no further than Texas Fence. : answers to Texans' everyday legal questions [electronic resource], https://guides.sll.texas.gov/neighbor-law, State Bar of Texas Lawyer Referral Service, Texas Civil Practice and Remedies Code, Chapter 16, Subchapter B. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! He would have had to get at least 3 bids from reputable companies and presented all these to you. Do not do so! There were no fences and the neighborhood kids played freely in the yards from house to house. The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. 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. Peoples experiences do differ though as some go on to have the best neighbors. Bad Neighbor Horror Stories | Cheapism.com They said that would be a civil dispute amongst neighbors. I am not certain if I have any legal obligation to do anything here. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. NRS 34- 102. Homeowners Association Etiquette: Fencing Tips to Avoid Disputes I think she should pay half. If you lack a plat, hire a surveyor to do a new survey of the property. One of the most contentious aspects of properties neighboring each other is property lines. My neighbor just put up a new fence. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Landlord Responsibility for Fence Repair | Home Guides | SF Gate What Can You Do When Your Neighbor's Fence is on Your Property? What is hus responsibility and should I bear any ? I am on disability and cannot afford to even split the cost really. If it is on your property and you are sure of it (please make 100% sure) then yes you can go ahead and do whatever you want with it, such as tear it down. 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. (on their property) We were never asked to pay for any of it. Also, the fence was still in decent shape and we hadnt planned on replacing soon. 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. My husband nailed planks on the fence to cover the 2x4s. 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.) My neighbour wanted me to pay half to replace the 3 wires and 5 fence posts that consisted of our joint fence. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 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. Who is responsible for the maintenance of a fence between two properties? It would be nice, yes. Practical, easy-to-understand answers to questions about common legal issues. Fence fell down neighbor refuses to pay he's half? What can In that case, he has to pay the other owner for one-half of the already existing fence. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? Am I still responsible for half? At the end of the day you need to approach them with the possibility that they might not contribute anything. Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Everyone likes a good-looking fence, especially if it enhances overall property value. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. Even after studying the plat, most people still build their new fence a couple of feet inside the boundary line, just to be on the safe side. Thanks for any time you spend reading about my situation. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? Often times this gesture will include the neighbor having some input into the fence's design. I text him to have proof and he calls me to answer do I have no write that he agree to go half. What happens then? So now HOA is advising me to serve her with the 30 days notice and if she still refuses to then take her to small claims to have the judge order her to agree to the fence replacement and payment. Consequently, when a fence needs repair, both property owners must share the cost. Never gave us the opportunity to make a selection that matched our existing fence. Resolving Division Fence Disputes -- a Nebraska Q&A What should I do? We saved all receipts from the hardware store. Fencing mayalso be regulated by Texas municipalities. 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. I asked a contractor how much to tear down my older wooden fence. Disaster Manual: Section 3 - Falling Trees, Flying - Texas Law Help He has the responsibility to pay for half of a fence between yards. First off, since you say you agree with Potential Customer, please answer the question I have asked them as well. Hi RC fencing! A fence is no exception. Part of the fence is now leaning into the neighbors property. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. Keep in mind that vinyl and aluminum fences are much easier to clean than wood fences, which require not just cleaning but also staining and sealing. -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. Exterior Paint for Bathrooms: A Cheaper Alternative? 10 / 11. Fence fell down neighbor refuses to pay he's half? The old saying that "good fences make good neighbors" still applies today. ( 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.