Everything you need to know about the California Good Neighbor Fence Law! Chapter 15 of this book discusses neighborly problems. Then it will be for a judge to decide the matter! Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed. In some cases it is possible they might not have the capacity to contribute something. What the law says about downed trees and more - Chron You need to tell him he is harrasing you and you will not stand for it. If you rent your home, ask your landlord if they'll deal with the problem on your behalf. Thus it all boils down to you engaging them to see their position. The fence is old and grey but was being maintained with new planks when needed. Below you will find references to areas of Texas lawrelated to fences. The neighbor and his fence company will then need to do what any reputable company would do and fix it to make sure both adjoining neighbors are 100% satisfied with the final fence. My fence completely encloses my back garden and is a corner lot. I am on disability and cannot afford to even split the cost really. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. area let me know and Ill go talk to him! 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). To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. Whether you pay for it or not, the "good" side goes outwards. Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? There are a few basic rules that govern dividing fences. What do you do when neighbors erect a fence which blocks the light into your home? 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! Who pays for the fence in Texas - houzz.com If the failure is due to encroachment by my neighbors trees, should they bear the full cost? Your next step is to file a lawsuit against him in small claims! Thanks for any input. Nat, yes you are correct. this information even though informative it only benefit the contractor. Home Fencing What happens if the Neighbour refuses to pay for a 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 Unfortunately, there are many misconceptions and dead guesses about fence laws. Yes, your right there is a defense one could present in court to fight the assumption that they owe half. We cant move forward with the project without the fence removed. What can I do? You can do this by first building the fence, and thereafter writing to your neighbor demanding that they pay half of the cost of installing it. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? If not, the neighbor whose side the fence is on has the sole ownership of the fence. The law becomes a little unclear in instances such as yours but the major factor which is going to decide who is legally responsible is whether or not you have a fence around any part of your yard that is connected to this fence that he wants you to pay half of to replace? Schedule one of the fence contractors, most likely youll want to choose RC Fences and Decks, due to their superb attention to detail along with their reasonable prices, but keep all of the bids so you can show that the price was reasonable. Therefore it seems to me she is trying to rip you off! The fence its in a really bad condition. Also, I think you lucked out not having your neighbor or his family members build the fence themselves, they sound like a bunch of flakes. And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. Yet, since you werent even the homeowner at the time of replacement, I would say in my best judgment that they have no legal standing against you. 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. I toll my husband to get if fix with out any response from him. 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. 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. If you go down this route your neighbour should . Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. Thank you for your article. The service will then get both of you together and try to make you negotiate. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? . 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. 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. For instance it might involve replacing the fence or getting it fixed. Observe boundaries: Don't risk having to tear down that fence by going even one inch over your property line. If you cannot convince your neighbor to pay in these situations, you may be able to make a legal claim against them for the damages. 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. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? poor maintenance, or sprinklers hitting the fence, etc., causing damage to the fence, therefore, causing the fence to have to be replaced before it should have with proper care and maintenance. Posted on Jan 17, 2017. Your situation is one I have not directly encountered yet, so I will give you my best educated answer, yet please check with a lawyer to be 100% positive. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. We have both got estimates that are similar in price. Since 1876, however, the Texas Legislature has allowed Texas counties to vote on whether to become"closed range". And also if the fence forms part of a structure enclosing their property. Im looking forward to returning to your website. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. Thanks! when we started doing the siding work. My husband wants to put the planks on our side. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Neighbors dog destroying my fence | TexAgs I appreciate your advice. 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. Secondly, is the fact that she is stating the material are the same costs as the labor; that would be a huge red flag for me. Exterior Paint for Bathrooms: A Cheaper Alternative? This is if you dont take the proper steps leading up to the construction of the fence. I think it was never our intent to have a fence and continue to advocate for no fence. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! This is so mainly because the law considers boundary fences to be joint property that is owned equally by adjoining neighbors. This neighbor is neither very smart or kind, and I just want to be prepared for when he goes apoplectic once a fence is installed, as well as collecting half $$ once he decides to modify what will then be his side. If the neighbor refuses seek legal guidance. Fences and neighbours | People's Law School I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Practical, easy-to-understand answers to questions about common legal issues. Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. When your property borders with another fencing can be tricky. You cannot force or report the neighbor since they are not legally obligated. Our side of the fence with the 2x4s looks ugly and unfinished. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. I have issues with that because the old fence had the planks on my side. The most common remedy is to take the neighbor to small claims court to recover the non-paying neighbor's share of the costs for the fence repair. While you really cant fix the past, what I would do about the future is document the damage caused by the debris (showing the fence areas without trees and debris), and then ask them if theyd like to keep the fence cleaned off monthly, or would they prefer to split the cost of a lawn care service company to come and keep it cleaned off using a leaf blower. The fence currently keeps the neighbors (lot to the east) cattle in. I text him to have proof and he calls me to answer do I have no write that he agree to go half. Most state laws or local ordinances cast responsibility for the maintenance of boundary fences on the owners that use the fence unless an agreement indicates otherwise. Can I still take him to court. Both property owners own the fence erected between the property lines when both use it. 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. If you cant abide by the rules that make the neighborhood clean and what probably attracted you to purchase in the first place, buy elsewhere! Having a shared responsibility can be much more contentious than you think. Who is Financially Responsible for the Repair of my Fence? Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. I wish I could help you, if you live around the Concord, CA. I enjoy what I see, therefore Ive decided to follow you. If it comes down to it you might need to get a restraining order against him. The back line of our fence lined up with all the adjacent neighbors fences who also border these townhouses in that development. If your neighbor fails to do so and you end up with damage (as in the examples above), you will likely be able to recover damages from the tree owner. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. Code Sections 143.121-.123, passed in 1981, governs this issue. What to do if a Neighbor's Tree is Endangering Your Yard Never gave us the opportunity to make a selection that matched our existing fence. Still, we would have been happy to go 50/50 on a new fence but they did not inform us and did ask for us to help pay for a new fence. We had no say in the decorative fence. In that case, he has to pay the other owner for one-half of the already existing fence. The neighbor does not want to share the cost to fix it, and states it is my sole responsibility. 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! However, they will need a permit in order to do so. However, if one neighbor wants the fence and the other neighbor doesn't, the fence builder can require the neighbor to pay half the cost of the fence even if the neighbor doesn't want the fence, doesn't have cattle or doesn't want to pay for the fence. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Best to have a survey done. 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. If he followed these steps then he could go after you in court and would likely win. look no further than Texas Fence. He did. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? 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. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. The fence needs to replace much of it because of the poor maintenance on my neighbors side. This subchapter governs adverse possession in Texas, often referred to as "squatter's rights". (I believe youve already tried this approach and it failed?). He does not live in the area. I think she should pay half. I dont know why she says that. I mentioned it to my neighbor and he does not see anything wrong with the two fences. 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. 6. The fence does not enclose their front yard but is still a neighboring fence. We are bought material and begun our construction on the 3 other sides( in progress before he approached me). Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Be sure to also check your local code of ordinances to see if any additional laws exist. The next day, while I was gone, the neighbor came to my wife very agitated and critical, saying, how inconsiderate this was for us to do, how could we, and it was his fence and we were using it and encroaching on his property. He was not nice when I went out to talk to him about it. The court can do one of three things: Order removal. A week later, I came home to find a for sale sign in his lawn. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? In this scenario, would the State law trump the city? I told him I was happy with the fence as it was because I was an old pensioner and didn't need to waste money on something I didn't need as I'd rather spend it on booze and holidays. Good luck! My fence completely encloses my back garden and is a corner lot. Also, in this "ambivalent neighbor" scenario, your neighbor is under no obligation to put any money towards your new fence, even if he/she derives some benefit from it. But there's a catch. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. Additionally, Neighbor B is responsible for maintaining the fence (and yard that leads up to the fence) on his or her side. 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. Anyway, can they sue me for 1/2 the cost of this ? This is very true OriginalWally, thank you very much for the information! The second reason was the. We want to remove the fence on our land, so we can access 100% of our land from our entry gate. She has to get three separate estimates and then you two can agree as to which company to go with. I bought my house last year and my neighbors decide to redo their fence . My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? Property owners' associations (POAs) in Texas cannot prevent an owner from installing certain types of fencing on their property. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. I am a little confused as to your question. We cant afford the cost for the fence that he wants($14k). How are we doing? However, he wants all the planks on his side while the 2x4s are in my side. Im thinking giving up a few inches just to be sure he has not a single leg to stand on might be best. 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. Search for state-specific templates available for you to download and print. Is it his right to put the framed side facing us? If it pre-existed and is on your side of the property line, it is your sole responsibility. Fencing disputes are common in cases where neighbors disagree on the type of fence to be installed, its location, and how to split the cost of installation and maintenance. and defecate on them. It would be nice, yes. The neighbor sent me the written estimate from the construction person that showed the same price, but did not say panels but said the fence would be built from boards. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? , 72 S.W. My point is the 50/50 rule doesn't apply. 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. Landlord Responsibility for Fence Repair | Home Guides | SF Gate Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. If one neighbor damages the fence, he or she could be liable for costs to repair. Wed be up for taking down the existing fence down and adding new planks to our side of the new fence but arent sure about it since its 4 inches away from the original fence. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. If you lack a plat, hire a surveyor to do a new survey of the property. What Can You Do When Your Neighbor's Fence is on Your Property? Posted by 4 years ago. It leaves me in this terrible circle. As for your pathetic neighbor, fix the fence like normal and put cross boards WITH 2 1/2 or 3 inch screws facing his yard. In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. 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.) Small claims court for fence dispute and chances of getting paid - Avvo And if one neighbor refuses to pay, the other neighbor can do the installation or repairs and thereafter seek to be reimbursed by the other neighbor. Note that I dont believe good neighbor fence laws cover someone wanting to upgrade or replace for the heck of it. what about security/privacy?) 2. If you and your neighbour disagree about a wall or fence, there are things you can do to solve the problem. 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! Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. In certain counties or residential areas there can be ordinances regarding that. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! If you erect the fence and it encroaches into the neighbors property, they can report you. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. He said he could not pay half only $600. The only issue that will come into play is the short notice period or your case would be a slam dunk.. An article from the Texas A&M Agri-Life Extension that reviews the general fence law in Texas and the two major exceptions that modify that rule. If they dont listen, then you can inform them you are monitoring and documenting the issue and when the time comes to replace the fence you will not be paying 50% of the costs due to their actions causing the premature failure. This means that your neighbor (s) have the same rights to the shared fence as you do. My neighbour wants a retaining wall. Who has to pay? ETA: In a similar fashion, when I rebuild my house in a few years and and put in a new fence, I won't be asking any of my three neighbors for any fencing contributions. They are extremely weak and the most a customer should expect from them is a few years life. How Long Can Someone Leave Their Belongings On Your Property? The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? Now the neighbor wants the planks that my husband nailed to be removed. The fence is attached on two sides to my neighbors existing fence. In that case, if a neighbor builds a fence, the fenceless owner doesn't have the pay for it. 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. When traffic sight distances are impaired. Did the fence pre-exist you and the neighbor? 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. But did not want to go through our contractors. Bad Neighbor Horror Stories | Cheapism.com It is generally preferred because it charts a more amicable path to a satisfactory resolution among neighbors. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. The whole development had to hire their own landscapers to do their front yards. One neighbor is not financially able to split the cost but said he would try and chip in what he could. Insights from a Residential Fencing Company in Deerfield, Illinois, What Residential Fence Materials Are Available? again please do not pay him a dime. Well, I wish I could give you better advice but the matter is in your neighbors hands. The rest of the fence between our backyards is fine. whose property is the retaining wall actually retaining? As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. It just appeared one day. Man shows bizarre solution as neighbor refusing to pay for new fence It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . I would have appreciated knowing in advance as I have dogs. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. It is entirely visible on their side. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. What options do I have? The main one being, that they dont benefit from the erection of said fence. 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. 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. Im in LA county and spoke with a small claims advisor they said that I could sue for half the cost of the job with quotes, but apparently a judge cant order for the consent of the job, but I figure at that point if youve already had to pay you might as well agree to the fix. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. If a fence falls over and it in-closes his backyard, but not my front yard, other than being on the property line. If you don't have a plat, you may need to hire a land surveyor to conduct a new survey (this will cost about $500-$1,000). Fence it up and intact. The other neighbor does not own but rents, so I contacted the rental company and informed them of my wishes to replace the fence. 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.. Or, you can ask your neighbors if they are willing to share the costs of replacement and locate the new fence on the property line. You will then receive a price estimate for the job and some friendly advice. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. We intend to remove the fence. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). Because it is so bad. There were no fences and the neighborhood kids played freely in the yards from house to house. No! Resolving Division Fence Disputes in Nebraska | UNL Beef All rights reserved. Well, its simpler than that. Then whenever there is something that needs to be done you discuss it with your neighbor first. If you want to fence in your property, you can't require them to pay for half the fence. Yes, you can pay your neighbor to pay half. The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! If you are not sure you can engage professionals e.g. My Neighbor Wants to Build a FenceDo I Have To Help Pay For It? Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. We didnt do anything about it, as we didnt want to cause problems in our first year here. My neighbour wanted me to pay half to replace the 3 wires and 5 fence posts that consisted of our joint fence. He has planted shrubs and now most of the water for those shrubs in between our shared fence and his retaining wall is over saturating my soil, the fence post and baseboards. Fence Building Law Basics for Homeowners - The Spruce By reading the law it seems like I dont really need his permission to build the fence due to its condition and previous incidents but Im trying to keep the peace. Hi Annie, thanks for the great question! I've already paid for it. Fencing on Property Line: Who Pays for and Maintains It? Close. What was the outcome regarding the neighbors trees/vegetation ruining your fence? I am not certain if I have any legal obligation to do anything here. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. Your neighbor, as the owner of the sucker, would have to pay for your car. Neighbor wont negotiate further and wants me to pay half now to a terrible looking mismatch. 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. one side is finished and the other isnt), then the less-attractive side should face your property. Today I go into my yard to find our shared fence down! 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. What happens if the Neighbour refuses to pay for a fence? then more than likely a judge is going to side with you.