I would imagine it will not be built as well as a professional could do, therefore down the road, it will likely fail much sooner! If you approach your neighbor with the idea to build a new fence that separates your respective properties, and your neighbor agrees that its a good idea and that hed like a new fence too, then common sense dictates that the cost should be split equally. The equal sharing of obligations does not stop at installation. But I always say it doesn't hurt to ask, right? 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. 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. If you rent your home, ask your landlord if they'll deal with the problem on your behalf. Does this remove us from mutual benefit responsibilities and paying half of the replacement? In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. I share a fence that is 75 long with a neighbor. My neighbors have large trees, poor maintenance in vegetation that is against our fence. Thus it is important to be abreast with any such ordinances. Now the neighbor wants the planks that my husband nailed to be removed. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement. You need to tell him he is harrasing you and you will not stand for it. 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. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! Call a minimum of 3 fencing companies, such as. Both property owners own the fence erected between the property lines when both use it. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. They had a 5 day notice from time of the written letter to the fence being repaired. My partner and I ran across this different website and decided to take a look around. In such a case, the neighbor who wants a higher-than-needed quality fence will pay the added costs of the installation. I have a neighbor that replaced my fence on one side. 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. The pool has nothing to do with it. First off, they cannot tell you not to touch the fence at all, the fence as long as it is on the property line is both your neighbor and your property and therefore you have just as much right to it as they do, whether or not they paid for it. I reported to my insurance and they paid for half the replacement cost. I came home from work one day and noticed they had replaced this fence (visible from the street as I passed). He didn't ask me for anything. An informal approach, explaining the need for a fence and seeking your neighbors opinion on what is needed, has a better chance of yielding positive results and less resistance. Do you know? 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. My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. That being said I believe if you are set on getting a vinyl fence you have two options. I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? It would be nice, yes. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. 2 attorney answers. She insists I pay half of the new fence. I have a neighbor that has built a short retaining wall on his side of the sharing fence line. Please let everyone know if you have any ideas as to another route to take. Can my neighbor legally stop me from replacing the fence until we do a survey? Has he prepared or filed any paperwork? Two questions: Can I still take him to court. Can she insist on a new fence and I have to pay for half? It was always referred to as their fence, and nobody else could touch it. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. But we do not like the look of vinyl fence. I text him to have proof and he calls me to answer do I have no write that he agree to go half. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. If this doesnt work, then you should report them to your local HomeOwners Association. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. FREE . First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. His tenant dog Kill my dog. Surprisingly I get a txt from the neighbor that he doesnt approve of the vinyl fence and wants a wooden fence because he feels it makes his house look bad. If your dog injures the other pet owner, you may be held liable for the person's medical bills, lost wages, and pain and suffering, on top of veterinary care for the other dog.. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. Whether or not your neighbor ends up covering half, some, or none of your new fences cost, keep the following things in mind when building and maintaining the fence: Select a classy fence design that meshes with your home, your neighbors home, and your neighborhood as a whole. In fact once you file the small claims suit and he is served most people will end up paying then because they dont want the hassle of going to court and they realize they will likely lose anyway. Since a dividing fence is deemed to be owned equally by both parties, then it follows that the neighbors contribute equally towards setting it up. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. Is this situation an exception? We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. However, as far as equally sharing the costs are concerned, there are two main exceptions where the law usually entertains unequal sharing of the costs. How are we doing? Everyone likes a good-looking fence, especially if it enhances overall property value. 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. A week later, I came home to find a for sale sign in his lawn. Hi we live in a resort area and our neighbor who does not live full time at his home, wants a fence between our yards to keep his dog in, privacy, etc. Are we under any legal obligation to pay him a penny? We write another notice that construction date has been pushed up to May. State they didnt have insurance policies he wanted. Then whenever there is something that needs to be done you discuss it with your neighbor first. Were going through a similar situation. An existing dividing fence is owned by both neighbors and so seeking your neighbors permission before replacing it is generally advisable. You do not absolutely share the cost of the fence. Or, do I need to move the fence towards my house a few inches, and be solely on my own property line? This applies to those who live in rural areas where fences are not as common and many landowners dont want to build or maintain a fence around their property. 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). The neighbor is legally responsible to pay for half the fence but only for a fence of similar design not one that is upgraded or more expensive as in a vinyl fence. Learn more about how to register online. What steps has the neighbor taken so far? He offered to remove our old wooden fence for $600.00. He came and did the job. 8: . Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. What happens then? Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. It sounds to me like your new neighbors are bullies and I wouldnt let them push you around. The fence needs to be repair. If there are extenuating circumstances, try to collect evidence to support your defense. If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. Any tips on how to proceed? Rule 1: Dividing fences are owned jointly by adjoining neighbors. Hello, My neighbor installed a 6 foot rod iron fence with brick pillars which is about 3 to 4 inches on my property The fence is only about 15 feet long and was installed years ago. Texas has thousands of miles of fences; with the vast majority of them located along boundary lines and roadways, disputes do arise. 167, 168 and. Step 1: Talk face-to-face Step 2: Request a tree inspection Step 3: Write a letter Step 4: Take legal action Step 5: Document damage Step 1: Talk face-to-face If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. Fence companies usually install a foot inside the line, to be on the safe side. What was the outcome regarding the neighbors trees/vegetation ruining your fence? If you go down this route your neighbour should . one side is finished and the other isnt), then the less-attractive side should face your property. Find your plat and review it together. We agreed. If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. In some cases, the . If he continues to do so anyway, call the cops. Is there anything I can do to stop neighbors from bullying me? Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? The whole development had to hire their own landscapers to do their front yards. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. Vancouver, BC. The spiders build their webs on the 2x4s and birds perch on the 2x4s. 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! Fence fell down neighbor refuses to pay he's half? 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. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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. 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. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain.