The rulings in these cases provide the basis for fence regulations in the state of Texas. Unfortunately there is a gap of 10 to 12 inches between the fences and all kinds of weeds, bushes and trees are growing inside. The other lot owners, said they want to erect a fence on the eastern boundary and for us to pay half. Also during the raining season, we need to do the roof and siding work asap before the raining season. 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. The fence does not enclose their front yard but is still a neighboring fence. Even after studying the plat, most people still build their new fence a couple of feet inside the boundary line, just to be on the safe side. Whos responsible? Posted by 4 years ago. Can we keep the planks and not remove it? Can a neighbor remove a fence? The second and third reasons only apply if the fence needed to be replaced in the first place, but I will touch on them anyway. My neighbor just put up a new fence. We sent the insurance coverage, licenses. Therefore the law states that this fence is not benefitting your neighbor. Unfortunately, there are many misconceptions and dead guesses about fence laws. Neighbor has constantly harassers me constantly if he sees something touching his fence. 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. 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. So, like many, I have a real A-hole neighbor! A 1995 article from Texas A&M Real Estate Center discussing boundary disputes involving fences, buildings or billboards that may cause an obstruction for neighbors. 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. And her contractor for one year. I sent the neighbors a demand letter as they would not answer the door to us for several months of trying (nearly a dozen times). Posted on Jan 17, 2017. I've already paid for it. Insights from a Residential Fencing Company in Mundelein, Illinois, Residential Fencing Options to Consider in 2023: Insights from a Fence Installation Contractor in Vernon Hills, Illinois, Assessing the Pros and Cons of Vinyl Fencing: Insights from a Residential Fencing Company in Park Ridge, Illinois, Tips to Keep in Mind When Searching for a Fencing Contractor in Waukegan, Illinois, How to Determine Which Type of Fence Is Right for Your Property: Insights from a Commercial Fencing Contractor in Elk Grove Village, Illinois, The Pros and Cons of Installing a Chain Link Fence: Insights from a Fencing Contractor in Riverwoods, Illinois, Which Fencing Material Is Right for Your Yard? They have the planks on their side and our side has the 2x4s. Or can I break down the fence that only covers his backyard ( since his property line goes passed mine in the back yard) because if Im not getting paid for that extra 18-15ft can I re use the wood for a gate on my property. This is so especially in cases where one neighbor is under the impression that the fence is more beneficial to the other neighbor or that they altogether do not need it. Neighbor wants to replace fallen fence due to construction on his property. Michael, thanks for the question. 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. We agreed not to touch their ground, but to build a scaffold around our sidewall, and not touch their ground. They had a 5 day notice from time of the written letter to the fence being repaired. Hi RC fencing! It just appeared one day. 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. She is still refusing to do her part. Any thoughts not input would be greatly appreciated. Not your property, not your fence. And if that doesnt work, they will then allocate two independent mediators to help you reach an agreement. He may not enter the neighbor's property to trim or destroy the tree. I reported to my insurance and they paid for half the replacement cost. He agrees to go half on the material (over the phone) its done and now he not telling me when or how he can pay me. -Lastly, and I believe the answer is yes to this but is the retaining wall on the boundary line separating you from your neighbors property? When it comes to the boundary fence, neighbors do not necessarily have to share the costs of fencing. 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. Can I build a fence on my side of the property line? Now Im waiting for a response but Ive already put down a deposit and the contractor seems like a good guy so Im not completely worried that I cant get my money back. whose property is the retaining wall actually retaining? 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. What Can You Do About a Boundary Dispute With a Neighbor? This is because you have absolute building rights to build whatever structure you want on your own property. 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. 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. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. Yes, you can paint your side of the fence because you own part of the fence. See the resources below for more information. The property line shows that the easement belongs to my neighbors parcel. This means that your neighbor (s) have the same rights to the shared fence as you do. We had a fence completely enclosing our backyard, with the back fence wall bordering 3 townhouses yards. While neighbors are generally required to share equally in shouldering the burden of maintaining and repairing a dividing fence, this does not apply in cases where one neighbor is to blame for a fences damage. I am not certain if I have any legal obligation to do anything here. Today I go into my yard to find our shared fence down! What can I do Im being harassed. They told me that as long as I dont pay then Im not allowed to touch their wall at all and they were going to take me to small claims for them to collect what I owed them. 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. Thanks for any time you spend reading about my situation. Does this mean both neighbors are responsible for the cost of the retaining wall as well? His tenant dog Kill my dog. In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. I still cant see this fence from my property. I have issues with that because the old fence had the planks on my side. This has been on going for 3 years. Here is what you should know about what happens if a neighbor refuses to pay for a fence. Repair vs Replacedue to preference or aesthetic. The builder had built a fence between my neighbor and me ( there was no fence on that side of the neighbors property before). look no further than Texas Fence. Rotting, Warping, Splitting and Twisting Wood and How to Prevent it! Having said this I can see where he is coming from, many people are still on the fence as to whether they like the look of vinyl fence yet. 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. Its an aesthetic preference that she wants a brand new fence. Also, if one neighbor isnt using the fence according to the law then they dont have to contribute to paying the cost of the fence. This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. I know this sounds very complicated and it is, so please try and answer the questions to the best of your ability! One section however that was falling down was simply wooden boards. Can I do half of the fence and they can do half of the fence? Neighbor and I share a panel/lattice on top fence for most of our shared fencing. When there is a shared responsibility you need to be sure it is. Neighbors can comment on your request during the variance hearing. The moment you begin to use it as part of your property, you must pay for it and do your part to maintain it. The fence needs to be repair. Each fence on our own respective properties. An article from legal self-help publisher Nolo about how to resolve boundary line disputes. 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. Boundary line disputes may arise between adjoining neighbors for a variety of reasons. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. This article from Nolo, a legal publisher, discusses how adverse possession law works in Texas. Thank you for your comment/ queston! If the neighbor refuses seek legal guidance. For the law to be on his side he would have had to give you a 30 day Notice to Alter Shared Boundary. Not only did you not own the house when it was replaced, but even if you did, they would have to give you a 30-day notice if you refused to pay half. Mon - Fri: 8:00 am - 4:00 pm 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. In certain counties or residential areas there can be ordinances regarding that. Can she insist on a new fence and I have to pay for half? While I understand the question is a general legal question and the contractor area of expertise does not matter, I would still feel more comfortable directing you to a knowledgeable attorney in your area! 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. Both property owners own the fence erected between the property lines when both use it. I am currently dealing with a neighbor that is refusing to fix our shared fence. Yet, I am going to have to disagree with you that this is not a good resolution solely for the fact that there are no other options. 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. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. Our side of the fence with the 2x4s looks ugly and unfinished. Who is responsible for the maintenance of a fence between two properties? Texas Fence Law Doesn't Require Neighbors to Share the Cost of a Boundary Fence There's no legal obligation of your neighbors to share in the boundary fence. Never gave us the opportunity to make a selection that matched our existing fence.

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