I still cant see this fence from my property. This morning we came to see that the townhouses HOA just took it upon themselves to remove the back wall so now we no longer have a back fence wall! The fence has deteriorated and a section has fallen over. I know this is not exactly fair and therefore a situation like this is best handled by sitting down with your neighbor and trying to have a mature constructive conversation. The homeowner says without any notice, her neighboring property owner recently demolished and replaced the shared fence between the two homes, leaving her with a "tacky" backyard separator.. What options do I have? In this case, if a neighbor builds a fence, the fenceless owner doesnt have the pay for it. Thanks. So Im in very different situation from any Ive read. One of the most contentious aspects of properties neighboring each other is property lines. Two questions: 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. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? We have both got estimates that are similar in price. We were gone for a free days, and the contractor had a job cancel, so he asked if he could come early and remove the fence. That is unless the fenceless owner someday decides to build his own fence. Here is the Actual Law for those of you who like reading this sort of stuff CIVIL CODE Section 841, And for those of you who would rather read a laymans description of the California Good Neighbor Fence Law, here goes. Also, the new fence could not be an unnecessary upgrade from the previous fence. 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. 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. 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. 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! Then whenever there is something that needs to be done you discuss it with your neighbor first. 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. 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. Assuming your neighbor will pay half is incorrect. If you live in Texas and a neighbor will not pay half of the fence consider the circumstances first. 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? 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. Thank you for your article. 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. If not, the neighbor whose side the fence is on has the sole ownership of the fence. Yes it will unfairly benefit them but the primary reason for erecting it is for your property. One side of my fence is 630ft of that side 220ft of the fence are a neighbors backyard privacy fence that the builder put in. The neighbor isn't responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. As long as he cuts only the parts of the tree that goes over to his own side of the fence, he can do so without having to ask for your permission. If you refuse to pay, your landlord can deduct the fence repairs from your security deposit. Whos fence is it and do we have the freedom to modify it or remove it without permission from the neighbors? It was always referred to as their fence, and nobody else could touch it. However, he wants all the planks on his side while the 2x4s are in my side. sorry for the crappy neighbor, youd be surprised how common this really is! This is because you have absolute building rights to build whatever structure you want on your own property. I didnt even have the option of getting my own bids or anything. In some cases it is possible they might not have the capacity to contribute something. He then complained about us buying expenseive material (6ft red wood) and did not want to spend that. Once you get three estimates from reputable companies, present them to her, then decide on a fence contractor, and send your neighbor the 30-day notice. This applies only if the fence is currently directly on the dividing lot line. If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. 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. Please let us know what better route there is to take, I am sure all our readers as well as I would love to hear all the other options out there! I have a shared fence with my neighbor and we plan to share the cost of a new fence equally since it collapsed with strong winds a few months ago. Yet at the same time they are not legally required to pay anything towards it. between you and your neighbor, can make for good neighborly relations. What i am doing after reading your sites info: Consequently, when a fence needs repair, both property owners must share the cost. It does not extend the full length of the front yard (only about 15 feet of 45 or so). My neighbor replaced our old Good neighbor fence. Theres an old saying that good fences make good neighbors. I have owned my house since it was built, in the early 70s. Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. Apart from etiquette, decency to your neighbour, or even the "right" thing to do, the fence should show the "good side outwards. It refers to a fence that uses sandwich construction, i.e. I noticed this when it was almost done. Also, it would be good to know for the future in case it happens again. 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. Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Read more in lifestyle . 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. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. 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. Anyway, now that I told my story, I want to get your opinion on whether or not I was within my rights (morally and legally), to refuse to pay for a decorative front yard fence that solely compliments his landscape and is not standard in our neighborhood (even though I did end up paying). He didn't ask me for anything. And her contractor for one year. What can we do? I wasnt even the owner when he decided to build the block fence. We were both in agreement to pay half each. I understand the price of a redwood fence nowadays, especially since the pandemic, can be very expensive. While repairing is an option sometimes, although we usually do not recommend it, this article is based on the notion that your fence has fully failed, needs replacement immediately, and your neighbor refuses to 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.) This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. The fence between my property and my neighbors property is down. Possible disputes might be hard to settle so much that they may end up in court. The letters are available for $350, and can be purchased by contacting our Business Real Estate Group . The neighbor is bullying you in order to make money off you. This is because they will be trying to avoid contentions. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. To keep the peace, we planted shrubs that created a barrier between our lawn and THEIR fence, so nobody can get to their fence from our side. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . It only benefits them. In short, each owner has to pay one-half of the cost of maintaining or replacing the fence. 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. Archived . 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. Yes, you can talk to them to see if they are interested in sharing the costs but they will not be under obligation. We intend to remove the fence. 2 attorney answers. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. what about security/privacy?) 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. I just feel like Im trying to be very diplomatic about this but if the neighbor shoots me down or ignores me again my only thought process is to get a surveyor out here and give me the exact property line. 8 years ago I was worried that my dog would get injured by the new neighbors aggressive bulldog so I suggested we put up a new fence, he said sure as long as I replaced with heavy duty commercial chain link with slats (original is a leaning 42 yr old commercial chain link with broken and missing wood slats). The other option is to get a man you know that is bigger and meaner than him, maybe a brother, friend, cousin, to go confront him and tell him he needs to leave you alone or they will be coming back to pay him another visit. If and when we need to replace the fence sooner that should have to be, what action should I take since he doesnt seem to comprehend that what he has done is probably illegal. Your neighbor intentionally damaged the fence. 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. The fence between my house and my neighbour's house is old and falling down. She was under the impression that HOA would cover the cost, but after kindly explaining this isnt the case she has grown more difficult. If it pre-existed and is on your side of the property line, it is your sole responsibility. You should contact your insurance provider and file a claim. We like the open space and look. My neighbour wanted me to pay half to replace the 3 wires and 5 fence posts that consisted of our joint fence. Best to have a survey done. He may not enter the neighbor's property to trim or destroy the tree. Who is Financially Responsible for the Repair of my Fence? Still proceed to have the fence repaired and then take her to small claims? The neighbor also has a pool. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. If you find these statutes difficult to understand, please see the Understanding the Lawresources below for a "plain English" explanation of these laws. Joel I wish I could be of more help but this is a question outside my area of knowledge. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. However, generally, the neighbors are supposed to share the costs equally. The court can do one of three things: Order removal. In other words, it is no longer capable of serving its intended purpose, i.e. There can only be shared responsibility if the fence was put up right on the property line. I wish I could help you, if you live around the Concord, CA. I am a little confused as to your question. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Answer questions about your security fence needs. The development has remained pretty much the same over the years, and only a handful of people chose to put up decorative front yard fences. Of course, like many laws there are exceptions. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. They have the planks on their side and our side has the 2x4s. A couple of the neighbors are hard to deal with. It wouldnt be fair for you to pay for the whole fence, and the law is clear that you dont have to. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. Note that you arent required by law to discuss your new fence with your neighbor, but its highly recommended especially if you want your neighbor to share the cost with you. You do not absolutely share the cost of the fence. again please do not pay him a dime. Secondly, I wouldnt pay them a dime if I were you. And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. in the yard, providing security & privacy, etc. 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. Do they have the right to force us to sign their agreement to allowour work to start? When you show up for court be prepared with the pictures, the bids, a copy of your check, a copy of the 30 day notice and proof of service, as well as a copy of Code of Civil Procedure section 841. 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. Do Neighbors have to share the cost of a fence? Every state defines "use" differently (see above), but most laws are satisfied when a property owner encloses their property by using an existing fence. State law alsomandates that all State and US Highways are closed range. 1. Hes going forward with it and we will get the framed side. If he followed these steps then he could go after you in court and would likely win. We cant afford the cost for the fence that he wants($14k). Rule 1: Dividing fences are owned jointly by adjoining neighbors. Do bear in mind that there can be stipulations on features and dimensions of the fences. The shared good neighbor fence between my yard and the neighbor fell during a storm 3 months ago. A tree located on your neighbor's property fell on the fence. I asked a contractor how much to tear down my older wooden fence. 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. She does not want to do it that way. Now as far as the law is concerned although your neighbor is not being a very good neighbor nor is he being very diplomatic, but I believe he still has a right to refuse the vinyl fencing whether or not he is paying a dime. See Conner v. 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. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in . The fence boards (good side) all face our property, the framing is all on their side. Our situation is somewhat different then what I have yet read. The neighbor wanted to put in a fence, and thought we should pay half. 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. Therefore you will need to pay 100% of the costs of replacement! 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. The existing fence isnt bad at all. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. She is seriously the neighbor of nightmares and this is why people need to understand what it means to live in an HOA community. Your neighbor accidentally crashed their car into the fence. However, it is usually fair to swap the good side after every 10 years to 15 years when the fence is to be replaced. This subchapter governs adverse possession in Texas, often referred to as "squatter's rights". 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. I'm sure that will stop it. Vancouver, BC. Never allowed us to consider disparate bids. Are they willing to contribute something towards the fence? 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. Do you know? 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 primary reason for doing this is to ensure that your notion of the property line matches your neighbors. Can I do half of the fence and they can do half of the fence? 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). Award limits vary by state: $1,500 in Kentucky to $15,000 in Tennessee. The fence does not enclose their front yard but is still a neighboring fence. Let us now discuss a scenario where neighbors have a boundary fence they found there already. Good fence etiquette dictates that your neighbor gets the good side of the fence. Maybe higher. [TX] My parents' neighbor wants money to pay for a new fence. At the end of the day you need to approach them with the possibility that they might not contribute anything. NRS 34- 102. My fence completely encloses my back garden and is a corner lot. However our back fence was not vinyl, but an older wooden fence, in some need of repair. Whether you pay for it or not, the "good" side goes outwards. Practical, easy-to-understand answers to questions about common legal issues. I have a neighbor that replaced my fence on one side. 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. Never asked for financial help. Most HOAs have rules and regulations governing fence erection and erecting a fence that blocks light into a home is against the rules, they can force the neighbor to remove the fence. 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. Apparently our fence was in bad shape, and the townhouses owners wanted it removed because they thought it was ugly. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. That is if their reasons for not paying are not genuine. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. 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. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. As the law is on your side, the case is a sure win, as long as you followed the proper procedure outlined above. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. He offered to remove our old wooden fence for $600.00. What Can You Do About a Boundary Dispute With a Neighbor? Griffin v. Sansom. Neighbors dont always have to share the cost of a fence. 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. against one of my trees. The first step in dealing with this is to talk to your neighbor and then compare deed copies. The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. My neighboring fence completely collapsed during a storm. Im confident if I contracted any work on the wall he would not allow workers on his 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). Neighbor Law Fences & Boundaries Fences A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. According to the law, you do have the responsibility to pay for half of a shared fence. Texas does not have a specific state law that addresses boundary line fences. I paid for the whole thing and did not ask the neighbor for any help or money. He said he will take me to small claims if I do not pay him. keeping dogs/ children, etc. what if my dog runs off? Our backyard back fence ( about 100 feet long) had a wooden fence built on our property. There was nothing wrong with previous wood fence it had while home was in escrow. I also gave him the link to the brochure from the manufacturer which has multiple darker wooden although they cost 40% more. My neighbor just put up a new fence. 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. Don't have a library account? In such cases, then the party whom the property deed has identified as being responsible for fence maintenance is the one who will be. that would force him to install another 3 foot rod iron fence on his property. Is this situation an exception? If there are extenuating circumstances, try to collect evidence to support your defense. The main one being, that they dont benefit from the erection of said fence. In most jurisdictions, you have to at least notify your neighbor of your intention to replace the fence. He does not live in the area. Mon - Fri: 8:00 am - 4:00 pm Once the fence is completed, make payment in full to the contractor, making sure to keep all documents such as invoices, receipts, copies of your check, etc.
