-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? Thank you! For more information, see Talk to your neighbour. Were going through a similar situation. 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. He did. At the very least, even if your neighbor doesnt see your side of the issue and still believes both of you should split the costs evenly, hopefully, you can convey the importance of proper care and maintanence for the new fence in the future to prevent another similar issue down the road. The fence is horrible now because it does not match existing and neighbor says too bad, that I had agreed to the estimate, even though I had sent link to what I wanted. At the end of the day you need to approach them with the possibility that they might not contribute anything. I had the fence erected entirely on my property. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. The fence falls after he rent it out to another family who as well as me has 3 large dogs. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. Pics and docs of the current properties fencing 3 quotes The neighbor said he gave notice ahead of time but has no proof and I never got any prior notice. 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? 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. No, if neither neighbor wants the fence, there doesn't need to be one. 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. 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. This has been on going for 3 years. He has not responded to my texts since May as to when he will replace the fence. We gave them a written letter explaining that we would be repairing the fence along with their equal responsibility for the cost of repair. Seems like a stalling tactic to avoid paying for it. If they dont, then you should take the matter to mediation. Our neighbor, without talking to us, tore his fence down and had a vinyl fence put up. Those people moved out and a new family moved in. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. You need to tell him he is harrasing you and you will not stand for it. Two questions: Fencing disputes are common in cases where neighbors disagree on the type of fence to be installed, its location, and how to split the cost of installation and maintenance. So we did pay half, but our side looks as good as his. I do not think this qualifies for a Good neighbor fence. 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 will have to replace the rest of the fence to install the gate since I am moving it. At this point I dont care about the money but he keeps saying he paid for the last 3 fences which is not true. I am not quite sure I fully understand your question. between you and your neighbor, can make for good neighborly relations. It leaves me in this terrible circle. What other option does a homeowner have if their fence is failing miserably and needs replacement immediately, yet their neighbor refuses to pay a dime? If there is a better option out there please let all our readers, as well as I, know! The property then can neither be sold nor refinanced without paying the outstanding judgement, which accrues interest! Examples of problems could be a wall that needs repairing or who should pay to replace a fence. Brian, sounds like you have it pretty much figured out. My neighbor put up a wooded fence 6 inches from the property line on their side of the property. If your neighbors are damaging your fence, take photos and try to work it out with them first. Rule 2: Neighbors shall share the costs of installing the fence equally. Your neighbor intentionally damaged the fence. What happens then? Every state interprets use differently. Neighbor has constantly harassers me constantly if he sees something touching his fence. 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. 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've already paid for it. An article from the Texas A&M Real Estate Center discussing all the laws passed in 2021 relating to property owners' associations including those related to swimming pool enclosures and security measures. Our property is the lower one and theirs is the higher one. 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. In Texas you do not even need the neighbors consent to erect the boundary fence. Fruit that's still on your. Their fence does nothing to secure my property. Join for use: the attachment of another fence to the boundary fence That 32 of fence is behind a large hedge and is not even visible from my property. 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. However, it was brought to my attention that the retaining wall the fence is on is failing and will need to be replaced before the fence can go up. Im just wondering if the wording of the invoice would create any sort of legal rights to the neighbor; if so, should I have the contractor change the wording? They had a 5 day notice from time of the written letter to the fence being repaired. I asked a contractor how much to tear down my older wooden fence. The property line shows that the easement belongs to my neighbors parcel. 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. She does not want to do it that way. We deal solely with fences and decks and not siding, etc. The neighbor verbally agreed to this via texts and I sent quotes via texts. Then let him know you would be willing to cover 100% of the costs as long as he is willing to switch to a vinyl fence. I sent a link to a fence I had received an estimate on: This fence was panels with lattice on top from Lowes to replace the falling down fence that was not panels but simply boards but would match the rest of the shared fence. ( I had 300 to 500 in mind) He mentioned that was very nice and most neighbors would not do this. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . One section however that was falling down was simply wooden boards. However, generally, the neighbors are supposed to share the costs equally. See the resources below for more information. He offered to remove our old wooden fence for $600.00. Also during the raining season, we need to do the roof and siding work asap before the raining season. Thus, a landowner is not required to share in the costs or maintenance of a fence built by his or her neighbor. I appreciate your advice. We were both in agreement to pay half each. My question how do I attach/extend to the existing fence (which the neighbor project managed/paid in his name)? If they are not deemed by the law to be using it, then they cannot be compelled to pay. I wish they would have just talked to us about going in 50/50 on a new fence. Notice of Intent to Alter Shared Boundary Fence. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. in the yard, providing security & privacy, etc. Can my neighbor legally stop me from replacing the fence until we do a survey? State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. If you have any further questions regarding Californias Good Neighbor Fence Law call RC Fences today and we can walk you step by step through the entire process to make sure you dont make any mistakes and risk having to pay the entire cost of your new beautiful fence! It does not extend the full length of the front yard (only about 15 feet of 45 or so). Part two of the series looks at examples of how these fence laws are applied. Aesthetically, it looks better and I have another fence with another neighbor where I already have the 2x4s on my side. I hope I am understanding your question here correctly?? Its been about two months now and I have not heard from them and they have not trimmed their trees/bushes. against one of my trees. I don't care if there's a fence between the properties, and I don't want to pay . Paying in full and go to court is not a good resolution to this situation. Start out by documenting the current condition of the fence. 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. It does not enclose anything but does offer some privacy to us in our driveway and kitchen and to their front yard facing bedroom window. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. On the invoice, the contractor put good neighbor fence. Is this considered a good neighbor fence under these circumstances? I stated I was not the owner at the time, but I was willing to pay half. We like the open space and look. We do not want, or have a need for this new fence. I wish I could help you, if you live around the Concord, CA. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. 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. My neighbor has informed me he's going to hire a company to fix the fence and then send me a bill for half the cost. 49. They would then have the law on their side and if they went through the proper steps outlined above, most likely would win a judgment against you. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. Check out our Abandoned Property research guide for more on adverse possession. I talked to the contractors and they felt bad no notice was given. Part of the fence is now leaning into the neighbors property. Does it? 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. However, as far as equally sharing the costs are concerned, there are two main exceptions where the law usually entertains unequal sharing of the costs. My fence completely encloses my back garden and is a corner lot. When your property borders with another fencing can be tricky. He came and took measurements and then said he would have to contact the homeowner to get approval and that I would have to use their contractor. It is less than 30 days out should I still provide him with a notice to do the work only and not seek payment? I dont want to get taken to court over this, but my other concern is I am struggling as is, and can no way afford to give our neighbors $3,000 for a fence. Yet, if the yards were already fenced in previously, and if you have other fences connecting to the one in question, you are more than likely going to get a judgment against you for half the cost. If so, the fence is a shared responsibility. If you do go onto a neighbor's property or harm the tree, you could be liable for double or triple the value of the tree! Can I build a fence on my side of the property line? Repair vs Replacedue to preference or aesthetic. Your neighbor, as the owner of the sucker, would have to pay for your car. And approached us in an aggressive and very critical manner. Archived . Agreements between neighbors can also exempt one of them from sharing the cost of a fence. Out of the 9 houses only 4 are year round. 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.