We offered to replace it along the Western boundary as a courtesy and allow their cattle to continue to graze on our prospective land. 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. Hes going forward with it and we will get the framed side. Does My Neighbour Have to Pay for Half the Fence - One Stop Fencing But I always say it doesn't hurt to ask, right? Ft. Worth based equine attorney, Alison Rowe, has compiled nearly all of the stock laws across the state and will provide this information for a copying fee upon request. You need to tell him he is harrasing you and you will not stand for it. Copyright by the Texas State Law Library. Because it is so bad. So Im in very different situation from any Ive read. State law governing security measures built or installed on property within a property owners' association. 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.) Would you please comment on this: After getting the small claims judgement, and the other party still refuses to pay, get the judgement RECORDED, as it then attaches to the property. Yes, he does. 32 of additional fence along the property line serves the neighbor alone as his gate is closer to the front of his house. 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. If your neighbor doesnt want a fence, you have two options. Can you paint basement floor with Drylok? There were 3 major mistakes on his part. when we started doing the siding work. text messages, etc.) 'Tacky' backyard fence replacement raises questions over city rules - KRQE What i am doing after reading your sites info: If you want to fence in your property, you can't require them to pay for half the fence. Having a shared responsibility can be much more contentious than you think. To do this, the repair must be completed and paid for prior to the lawsuit. Observe boundaries: Don't risk having to tear down that fence by going even one inch over your property line. 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. 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. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. Vancouver, BC. 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 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. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Robert Frost said, "Good fences make good neighbors." Apparently, he wasn't talking about a tire fence. I bought my house last year and my neighbors decide to redo their fence . It may attempt to recover money from the neighbor's insurance company if it feels the neighbor is at fault. If your in need of a new division fence between you and your neighbors adjoining properties, and a dispute arises, you may be at a lose of what to do. 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. Our road is in desperate need of repaving. Can I Move Neighbors Stuff Off My Property? What can we do? If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. Sometimes disputes can stem from someone claiming their neighbor is encroaching on to their property. Most states provide mediation services. Were going through a similar situation. 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. The specifics of the laws that apply to disputes relating to sharing costs of installing and maintaining boundary fences vary from state to state. What then do you do when your neighbor will not pay half of the fence in Texas? As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. Then whenever there is something that needs to be done you discuss it with your neighbor first. 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. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Find your plat and review it together. The term good neighbor just refers to the style of the fence. My new neighbor just started replacing all his fencing in his backyard. Fast forward 30 days the fencing contractor pushes us out to May. It seems irresponsible to not include other information that might leave you stuck with the bill. Whoever holds legal title is presumed to be the owner unless and until the adverse possessor can meet that burden. I text him to have proof and he calls me to answer do I have no write that he agree to go half. He then ghosted me, my mother. 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). 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. A new fence is going up tomorrow. Also, the new fence could not be an unnecessary upgrade from the previous fence. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. 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. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Only 43 of that fence serves me, and then my gate encloses my yard. This has been on going for 3 years. Notice of Intent to Alter Shared Boundary Fence. Theyre so close that the trunks of the trees have pushed against the lower fence rail and caused the fence to separate from one of the posts and lean into my yard. . If the existing fence is within your property, you can replace it with whatever type of fence you want and at your expense, although you should let the neighbors know of your plans in advance of replacement. Thank you Jason, I appreciate the advice! If you are not completely set and getting a vinyl fence then obviously your option would be to build a new wooden fence of similar quality to your previous one and require the neighbor to pay half the cost which would probably be your best bet in this situation. Today let us look at how to handle a situation where a neighbor will not pay half of fence in Texas. Also was there a fence there before that is falling apart. First off, if there was no fence there already you shouldnt have to pay anything, especially if it will not finish enclosing your yard giving you that security benefit. Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? If one party refuses to cooperate, the other party can do any of the following: The definition regarding Join for Use is likely going to be a major factor in deciding who is legally responsible to pay. His tenant dog Kill my dog. Generally, the law considers dividing fences to be a joint property that is owned equally by both neighbors. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. 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. They said that would be a civil dispute amongst neighbors. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. And the best way to do so is to use HomeGardenGuides.com. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. 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. Then once the fence is finished you can go after him for half the costs minus any extra work that was solely for your benefit (the gate). 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. 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. 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. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. My neighbor fence between the driveways in California needs to be replaced from wind damage last December. This e-book provides information about your legal rights and responsibilities as a neighbor. Let us now discuss a scenario where neighbors have a boundary fence they found there already. Who pays for the fence in Texas - houzz.com