Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. Melissa, very good question. 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. Im looking forward to returning to your website. Having said this I do not believe what your neighbor has done is in any way illegal and I must warn you should you take this stance and they go about replacing the fence according to the steps necessary in the CA good neighbor law, then you would likely lose in court. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement. Also during the raining season, we need to do the roof and siding work asap before the raining season. Thank you, we try and post informative blog articles as much as we can but with the workload lately, sometimes it just isnt possible. I want to replace our fence and sent multiple notices to our neighbor south of us. Unless your neighbor agrees to maintain his side of the fence, its your responsibility as the new fence builder to maintain both sides. He did. when we started doing the siding work. 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. 8:00 AM - 5:00 PM. Cindy, I am sorry to inform you but your neighbor is correct in this situation. We are planning on filling our in-ground pool and need a shared fence temporarily removed to allow for pool demolition equipment to enter the backyard. Often, six feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. We cant move forward with the project without the fence removed. One of the most contentious aspects of properties neighboring each other is property lines. 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. Not your property, not your fence. A 2007 article from the Texas A&M Real Estate Center discussing the use of boundary agreements, both through formal and informal means. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. You can borrow the e-books below with your library account. The fence falls after he rent it out to another family who as well as me has 3 large dogs. Regardless, that should always be the starting point, find out what their position is. 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. 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. 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 offers a free service that quickly matches you with the top-voted local expert fence contractors. Your neighbour's fence will undoubtedly fall into further disrepair but at least you won't have to look at it any more. The term good neighbor just refers to the style of the fence. Our good neighor fence was damaged when their yard shed became a projectile because it was in bad repair , not anchored to a base . What i am doing after reading your sites info: Fence companies usually install a foot inside the line, to be on the safe side. He didn't ask me for anything. Their fence does nothing to secure my property. Your neighbor is not legally required to pay half of the fence. Exceptions to The Good Neighbor Fence Law Of course, like many laws there are exceptions. It does not extend the full length of the front yard (only about 15 feet of 45 or so). for court! Remember he Which has become an eyesore. 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. As long as you have proof that your neighbors shed caused all the damage due to being improperly anchored down, then I would not accept any responsibility and pay a dime to make the repairs, instead demand he do so! If so, is it exactly on the property line? I had the fence erected entirely on my property. Cities or property owner associationswill often try to regulate things such as fence heightbut for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. 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. 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. There were 3 major mistakes on his part. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. If they don't agree to repair it, take your fence dispute to small claims court. There is a rebuttable presumption that can be overcome. But the neighbors demand ourcontract is signed with the siding contractor, and demand the contractors license and liability and insurancecoverage. Neighbor law : fences, trees, boundaries & noise [electronic resource], Everybody's guide to small claims court [electronic resource], Know your rights! I asked a contractor how much to tear down my older wooden fence. What recourse do I have? Neighbor also charged me for dirtying his vehicles while i was cleaning my front yard. Am I still responsible for half? FREE . 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. We are buying land. If you plan on building or remodeling the fence . There better be good reasons other than make my yard look better. They want us to pay for 1/2 of the repair. But, our neighbor says that vinyl fence is the cheapest. Thank you for your article. The fence is attached on two sides to my neighbors existing fence. What was the outcome regarding the neighbors trees/vegetation ruining your fence? Therefore you will need to pay 100% of the costs of replacement! 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. 864, 864. Good Luck! See the resources below as well as our Livestock guide for more information. If you are not sure you can engage professionals e.g. requires a neighbor to get a minimum of 3 estimates and chose from those accordingly based on price, experience, warranty, etc. 10 / 11. Do Neighbors have to share the cost of a fence? Am I responsible for half of 75 of fence on the property line, or only half of 43 of fence that serves me? This usually happens in cases where: However, in order for a neighbor to be able to be compelled to pay their share of the costs, they need to be using the fence. Can she force me to pay for the materials and she do the labor? Texas Best Fence & Patio 426 Southfork Dr Lewisville, Texas 75057 Phone: (972) 245-0640. I am willing to fix it but she wants a new fence. If your home is in such an area, then reporting the matter to the local authority is something that you should consider doing. A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. Possible disputes might be hard to settle so much that they may end up in court. Check out our Abandoned Property research guide for more on adverse possession. 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. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Rule 2: Neighbors shall share the costs of installing the fence equally. Pics and docs of the current properties fencing The good news, you have absolutely nothing to worry about. 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. Rather, you should inform your neighbor of the dangerous condition of the tree and request that your neighbor address the problem. I told them they need to trim back their trees and shrubs and that I would be getting estimates to repair the fence and take them to small claims court. 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! In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. 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. We like the open space and look. 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. Nolan v. Mendere. Fence it up and intact. They replaced it a couple of times, and eventually changed the style to a more traditional looking front yard fence. Can I replace an existing fence without neighbors permission? Brian, sounds like you have it pretty much figured out. Generally, a person is considered by law to be using a fence if they are using their land up to the fence. As long as you have some proof of everything your telling me (i.e. Shouldnt we have a right to easily access our own property? The neighbors called and threatened to sue us. We saved all receipts from the hardware store.
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