Those people moved out and a new family moved in. Created by the Texas A&M AgriLife Extension, this book gives landowners a background on how Texas fence laws originated, explains the current laws that landowners should know, and details a few common fence dispute scenarios and solutions. A week later, I came home to find a for sale sign in his lawn. 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. I wasnt even the owner when he decided to build the block fence. Part of the fence is now leaning into the neighbors property. 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. Get a lawyer to draft a formal notice and then attach the estimate. Part of our fence fell down last year we contacted the gentelman who owns the home ( its a rental) and has a pool. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession. The whole development had to hire their own landscapers to do their front yards. The neighbor wants me to replace the fence and pay for it 100%, saying this is not a boundary fence. Pay for the fence and then send a legal demand upon him to pay his share. When your property borders with another fencing can be tricky. Don't have a library account? 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. Should My Neighbor Help Pay for My Fence? - Action Fence Hope this fully answers your question, if you have any further questions please let us know. However, generally, the neighbors are supposed to share the costs equally. What recourse do I have? I have no contract with the men who put up my fence since there both Nccrc union works who pick this up as a side job. Texas Removal Fence Statute - Texas Agriculture Law The other family was none too happy, calling it "a solid waste spiteful pile of trash . I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. If they are not deemed by the law to be using it, then they cannot be compelled to pay. The wood fence is failing and needs repair or replace but we have zero need for that privacy fence meeting their HOA requirements. Pics and docs of the current properties fencing Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. In other words, it is no longer capable of serving its intended purpose, i.e. Fencing Laws and Your Neighbors: FAQs - FindLaw We cant move forward with the project without the fence removed. Never consulted us. 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. 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. This usually happens in cases where: However, in order for a neighbor to be able to be compelled to pay their share of the costs, they need to be using the fence. Although there have been no reported Texas decisions applying this statute, it is on the books and landowners should be aware of its requirements. Homeowners Association Etiquette: Fencing Tips to Avoid Disputes 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. When I first moved in, he wanted to replace the current side yard fence, he played friendly for a bit, and so we split the cost 50/50. If they refuse, you can go to a mediator in order to try to get them to pay their share of the cost. The other 5 are only occupied on weekends in the summer. Am I still responsible for half? a surveyor. Fence Height Rules. 3 quotes The neighbor verbally agreed to this via texts and I sent quotes via texts. I have a fence that is in need of replacement. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. It was always referred to as their fence, and nobody else could touch it. that would force him to install another 3 foot rod iron fence on his property. We agreed. Thanks. Therefore the law states that this fence is not benefitting your neighbor. Thank you, The letters are available for $350, and can be purchased by contacting our Business Real Estate Group . This is because you have absolute building rights to build whatever structure you want on your own property. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. Neighbours Who Won't Fix Their Fence. What Can You Do? 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. At the beginning of March I put a notice on there door that were replacing the fence with a textured vinyl fence. Can we keep the planks and not remove it? Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. He should have sent the notice to you 30 days prior to the construction of the fence and should have sent it to you certified mail with the return receipt requested. That is unfair because they can benefit from something they did not pay for. Ok here goes I understand your frustration with your neighbor after stating you would cover all the costs, for him to complain about a vinyl fence. All rights reserved. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. 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. This type of question has not been answered since the fence had NOT fallen over and was being maintained but was just not as pretty or strong as when new and so was replaced. See the resources below for more information on how to resolve these types of disputes. Do we have to go along with my neighbors choice because they can prove that vinyl fence is cheapest with written estimate. The existing fence isnt bad at all. Our neighbor just built a fence on the property line without any discussion with us that separates our 2 lower side yards, so we now have no access to the area under our side stairs. Rule 2: Neighbors shall share the costs of installing the fence equally. First point I made was that dont want a wooden fence due to the upkeep of it. And if that doesnt yield the results that you want, then you can file a suit in a Small Claims Court seeking to have the neighbor pay their share of the costs. Small claims court for fence dispute and chances of getting paid - Avvo One section however that was falling down was simply wooden boards. It is not something that NEEDS to be done. We have a plant bed with a little two inch wooden retaining wall on our property to keep the soil in place. If you are currently in dispute with a neighbor over their fence, you should . Close. What i am doing after reading your sites info: Texas Fence Line Agreement Download legal document templates from the largest catalogue of legal forms. Do you know? That is unless the fenceless owner someday decides to build his own fence. Yes, you can paint your side of the fence because you own part of the fence. Such a fence will be your personal property and you will have absolute control over how you build and use it. A fence is no exception. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. Any tips on how to proceed? Request Repairs Notify your landlord by phone and in writing that the fence needs repaired as soon. Our road is in desperate need of repaving. Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. Today the homeowner is tearing down a portion of the fence and replacing it with no notice and said he is not replacing the whole fence as we agreed nor my gate. Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. (Part 2), Texas Stock Laws By County (Matthiesen, Wickert & Lehrer, S.C., Attorneys at Law). 864, 864. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. He insists that he could build his side of the wooden fence and our other side if I split the cost with him. The only issue that will come into play is the short notice period or your case would be a slam dunk.. How To Live Without Paying Property Taxes. I bought my house last year and my neighbors decide to redo their fence . Can she insist on a new fence and I have to pay for half? On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? If you go down this route your neighbour should . I am a little confused as to your question. Without consulting us they decided to remove their fence and replace it with a six foot vinyl fence. Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. 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. 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. 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. No, if neither neighbor wants the fence, there doesn't need to be one. "I even offered to pay for half and to do the work," he added. We are buying land. Who is Financially Responsible for the Repair of my Fence? Part two of the series looks at examples of how these fence laws are applied. I hope the business property has to clean up and replace it. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. Can I replace an existing fence without neighbors permission? It is only after the mediation process fails are the neighbors then advised to take the matter to court. Also, it would be good to know for the future in case it happens again. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. Does this remove us from mutual benefit responsibilities and paying half of the replacement? One can still erect fences that are taller than the height limits. Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. Hello, I bought a house last year and within days neighbor asked me to pay $3500 for the block wall he had built. Rule 4: A neighbor cannot replace or remove a dividing fence without the consent, or at least notifying, the other neighbor. 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. He was not able to remove our fence othe next day, but was able, last minute to come three days later when we were out of town for the day. If this sounds familiar then your in the right place and your problem is soon to be solved with The California Good Neighbor Law also referred to as California Civil Code 841 or The Good Neighbor Fence Act of 2013. Having a shared responsibility can be much more contentious than you think. As far as the charging you for cleaning costs, etc. 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. 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. It only benefits them. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. In that case, he has to pay the other owner for one-half of the already existing fence. State law governing stray livestock or fowl. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. Will we need to pay? Your neighbor is not legally required to pay half of the fence. 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. If it pre-existed and is on your side of the property line, it is your sole responsibility. 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.