In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. Do they have the right to force us to sign their agreement to allowour work to start? The sides of our yard are 6 white vinyl. If you dont agree to her doing the job, which I would be very wary of and personally would never allow, then she has no choice but to pay for it all herself or you guys use a different contractor. The neighbor paying (if you are not splitting the cost) would have the right to insist that the good side be pointed towards his yard. What is hus responsibility and should I bear any ? 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. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. All the Best. 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. Generally, it is required that you give your neighbors a formal notice of your intention to set up the boundary fence. 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. I would then try once more to collect half the costs from your neighbor (although you dont have to do this) and if she continues to refuse you will proceed with filing the lawsuit. Anyway, can they sue me for 1/2 the cost of this ? The quotes Ive gotten for a survey are from $750 to >$6000 depending on how much work they need to do, well in excess of the cost of replacing that portion of the fence. State law alsomandates that all State and US Highways are closed range. I toll my husband to get if fix with out any response from him. I told him I would also throw my neighbor a bone. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it. In that case, he has to pay the other owner for one-half of the already existing fence. My Neighbor's Tree Has Grown into My Yard What Now? In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. RC Fences and Decks, Construction Landing Page Pro Theme by: Rara Theme. They said that they would give us permission when we asked, to enter their backyard by their stairs on the other side of their house, which would then involve us or workers to have to cross their whole backyard, which is an artificial grass putting green! I text him to have proof and he calls me to answer do I have no write that he agree to go half. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Would have to agree with Potential Customer partly. If we cannot agree, can we each build our own choice of fence? If that big sucker fell and took out the fence, your neighbor would have to pay to repair or replace the whole thing. Contact your local government. No wonder why some people prefer to not have any immediate neighbors. He does not live in the area. The fence boards (good side) all face our property, the framing is all on their side. What then if the neighbor will not pay half of the fence? They are extremely weak and the most a customer should expect from them is a few years life. If you lack a plat, hire a surveyor to do a new survey of the property. Your neighbor is not legally required to pay half of the fence. 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. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Generally, each neighbor is equally responsible for boundary line fences. We like the open space and look. Unless the fenceless owner someday decides to fence in his own property benefitting from the already existing division fence. The service will then contact your neighbor and inform them of the fact that they have been contacted in relation to the boundary fence. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. If you dont approve of this my advice would be to split the cost equally in which you will probably have to agree to alternate panels or build a good neighbor fence. "I even offered to pay for half and to do the work," he added. Only 43 of that fence serves me, and then my gate encloses my yard. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. Simple as that. Are we liable for half of what we dont want, what didnt exist, and what only benefits the other party? There is a fence that runs right through our parcel it is aprox. Also was there a fence there before that is falling apart. An article from legal self-help publisher Nolo about how to resolve boundary line disputes. Code 841, but my fear is that after having a letter certified to her, she will either ignore it or refuse after the 30 days. If they refuse to pay for half the costs, then Yes you can still take them to small claims court. Should You Use Exterior Paint in Your Garage, Cost to replace drop ceiling with drywall, Approaching your neighbors about paying half. 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. Hi Annie, thanks for the great question! I was barely in escrow when they did fence as soon as I moved in they asked me to pay them 3,000 I told them that was not my responsibility because the house wasnt mine yet. Fence Etiquette: Who Gets the Good Side? - The Fence Authority And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. Undercommon law, Texas is an "open range"state,meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. He set the first two panels on the slope with good side facing him. Monday. My neighbor just put up a new fence. Frequently asked questions Good luck! We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. If it comes down to it you might need to get a restraining order against him. This prevents a neighbor from getting only 1 bid (maybe a family member) and going with them despite the fact they might have little experience and be charging an exuberant fee. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). I am willing to fix it but she wants a new 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. The law places responsibility on both parties because both benefit from the fence. That neighbor has since moved and a new owner bought the house as a rental property. My husband nailed planks on the fence to cover the 2x4s. Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. Can my neighbor legally stop me from replacing the fence until we do a survey? Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. I am a single mother, this is my 1st home and I just cant afford $3500. This applies only if the fence is currently directly on the dividing lot line. Our situation is somewhat different then what I have yet read. According to the law, you do have the responsibility to pay for half of a shared fence. Notice of Intent to Alter Shared Boundary Fence. The key here is to avoid the costly mistake of building something youll have to tear down later because it strays onto your neighbors property. Can My Neighbor Force Me to Cut Down or Trim My Trees? Two neighbors agreed to replace theirs and those are done; one neighbor is fighting it, saying it doesnt need to be replaced and is demanding a survey be done because they think the fence is entirely on their property and I dont have the right to touch it, even though the fence is in line with the other two neighbors (and the rest of the block). However, while the law in most areas outlines this as the first step, it is usually advisable that you approach your neighbor informally before issuing such a notice. Telling next door neighbor I intend to install a fence It offers a free service that quickly matches you with the top-voted local expert fence contractors. So, like many, I have a real A-hole neighbor! Where on earth this belief ever came from is unknown, but it is widely accepted and 100% wrong! Melissa, very good question. What to Do If Another Dog Attacks Your Dog: Liability and Legal Rights 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! 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. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. How To Live Without Paying Property Taxes. A week later, I came home to find a for sale sign in his lawn. I had contacted my neighbor twice that we need to get the fence fix. I disagree with you fully due to one small issue, what other way can you go about the situation should your fence need to be replaced immediately and your neighbor refuses to pay. You will just have to go ahead and erect the fence. This must prime you to carefully consider the property lines before erecting the fence. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. This year the fence is leaning towards our house and part of the fence is on the ground, my wife got 3 bids and has contacted a contractor to build a new fence she sent a letter to the gentleman to tell him we are going to replace the fence and He sent us an e mail and I quote as for sending me a bill for my portion of the fence, since I personaly did not agree to participate in the replacement there for I will not pay anything. It does not extend the full length of the front yard (only about 15 feet of 45 or so). There were no fences and the neighborhood kids played freely in the yards from house to house. 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. Need a new fence. How should I ask the neighbor to help pay? There is no splitting costs here as there is not shared structure. (I believe youve already tried this approach and it failed?). If there are extenuating circumstances, try to collect evidence to support your defense. I built my house many years ago. Where it is on the property line, they need to get your permission before building it, and should attempt to come to an agreement on the price. Do we owe anyliability and responsibility to the neighbors? Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. In that case, he has to pay the other owner for one-half of the already existing fence. When a neighbor refuses to pay half of the fence, be careful. Vancouver, BC. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Even more important than that is I believe many contractors would not want to get involved with something such as this due to another company building part of a fence they built, so if there are problems down the road, all of a sudden they might take the blame for another companies poor workmanship. Still proceed to have the fence repaired and then take her to small claims? when we started doing the siding work. No! While the law may vary from state to state, it is generally clear when it comes to boundary fences: they are jointly owned by the neighbors. From the way you have explained it, I would predict you are not going to be responsible whatsoever. Such a fence will be your personal property and you will have absolute control over how you build and use it. See the resources below for more information on how to resolve these types of disputes. between you and your neighbor, can make for good neighborly relations. Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. Call a minimum of 3 fencing companies, such as. 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. 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. I dont think I see this covered: I share a fence with a neighbor, and they have six 2-story-tall trees (overgrown weeds, really) growing tightly next to each other, just on their side of the fence. There would now be two fences along the boundary. That being said I believe if you are set on getting a vinyl fence you have two options. 10 / 11. 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. Each fence on our own respective properties. Neighbor and I share a panel/lattice on top fence for most of our shared fencing. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. A tree located on your neighbor's property fell on the fence. One neighbor is not financially able to split the cost but said he would try and chip in what he could. 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. A mediator will help you two to reach an agreement. 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! This means that provided both neighbors are using the fence, then they have equal rights and obligations with respect to the fence. My fence completely encloses my back garden and is a corner lot. While these panels may look nice on the store shelves, they are made from inferior wood products and generally all the lumber is dimensionally smaller. You can state you will fight them in court. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. However, they will need a permit in order to do so. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-7. 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. Texas residents can register for a library account online! Can she force me to pay for the materials and she do the labor? Often times this gesture will include the neighbor having some input into the fences design. I wish I could help you, if you live around the Concord, CA. See the resources below for more information. Examples of problems could be a wall that needs repairing or who should pay to replace a fence. However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. Therefore, if you hit a negotiation roadblock with your neighbor, the first thing that you should do is to visit a local office of their offices and present your case. Which has become an eyesore. On our average bid, the material costs are nearly 1.5 to 1.75 the costs of labor. Thus it is important to be abreast with any such ordinances. Good Neighbor Fence Etiquette | Fence Guidelines and Tips - HouseLogic You will then receive a price estimate for the job and some friendly advice. Although there have been no reported Texas decisions applying this statute, it is on the books and landowners should be aware of its requirements. We both want to replace it. That is unless the fenceless owner someday decides to build his own fence. My neighboring fence completely collapsed during a storm. He came and did the job. 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. Since the pandemic lumber prices have soared through the roof and while labor and material costs used to be similar, they are no longer. Part two of the series looks at examples of how these fence laws are applied. Thank you Jason, I appreciate the advice! But over the years, their sprinklers, trees planted too close and their own children caused the fence to be constantly in a state of disrepair. While rare, adverse possessionis a legal concept that allows a trespasser sometimes a stranger but more often a neighbor to gain legal title over the land of a property owner. Fence Laws: Why Backyard Fences are Neighbor-to-Neighbor Matters At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. One neighbor is directly responsible for the damage that a fence suffers. Texas does not have a specific state law that addresses boundary line fences. The first thing that you should do is talk to them and explain the effect that the fence is having on your home. My Fence is Falling Down and My Neighbor Won't Help!! Does it? Close. In this scenario, would the State law trump the city? Boundary line disputes may arise between adjoining neighbors for a variety of reasons. Except on the front portion which is in my front yard. We both had existing wooden fences, about 12 apart. Get a lawyer to draft a formal notice and then attach the estimate. She insists I pay half of the new fence. Our situation is different then all the comments I have read. I have a 5 acre property with no HOA or perimiter fence requirements. However, you can be right and still have to pay for the whole fence. This is why I believe it is best in your situation to try and come to an agreement amicably with your neighbor! . My point is the 50/50 rule doesn't apply. Fences & Boundaries - Neighbor Law - Guides at Texas State Law Library The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. Once the fight starts, your own dog won't distinguish between biting another dog or a human. Therefore it seems to me she is trying to rip you off! Everything you need to know about the California Good Neighbor Fence Law! What should I do? He has the responsibility to pay for half of a fence between yards. A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession. Family Handyman. A lot of people make the argument that since they dont care if their property has a fence or not, they arent benefiting from the fence. Any advice on how to proceed or deal with this overbearing representative? This e-book provides information about your legal rights and responsibilities as a neighbor. This can result in the inconvenience of having to remove the fence and start afresh. Should My Neighbor Help Pay for My Fence? - Action Fence Nat, yes you are correct. In most states, your neighbor cannot make you pay for the fence if it is solely their fence. We intend to remove the fence. 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). We just accepted that it was their fence, since we didnt approve it to be on the property line or attached to the main sideyard fence, and we were forbidden to touch it. Hope this fully answers your question, if you have any further questions please let us know. Can My Neighbor Make Me Pay For Fence? - Backyardscape The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). This is due to your neighbor not following the required steps.
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