Small claims court for fence dispute and chances of getting paid - Avvo My neighbor just bought the house next to my rental and moved in and want to put up a new fence to replace the existing one. Since from what youre saying he did none of the above, he has no legal backing to pursue any money from you. Also during the raining season, we need to do the roof and siding work asap before the raining season. Get a lawyer to draft a formal notice and then attach the estimate. 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. Certified letter of intent 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. Chapter 15 of this book discusses neighborly problems. One of the most contentious aspects of properties neighboring each other is property lines. In a way it might be a blessing in disguise when the neighbor refuses to pay half of the fence. . 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. Generally, the law considers dividing fences to be a joint property that is owned equally by both neighbors. A couple of the neighbors are hard to deal with. Are they responsible for paying for half of the fence that runs along their easement, even if the fence doesnt border their yard? He offered to remove our old wooden fence for $600.00. Also, I dont agree that this information only benefits the contractor, IT DOES NOT! When there is a shared responsibility you need to be sure it is. 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. Does this mean both neighbors are responsible for the cost of the retaining concrete wall as well? Once your neighbor sees that you are suing him for considerably more than half the cost of the fence that you initially requested he will likely want to pay you the initial amount immediately. I do not think this qualifies for a Good neighbor fence. However, another possibility is that your neighbor doesnt care about a new fence, in which case you should prepare to assume 100{5fae7dcccc1057dbda1e018640e298c291ecbda3e3a3c6a23c160c38759dcd72} of the cost, unless your neighbor approaches you and says he wants to contribute to your costs. We never had any retaining concrete wall, just the fence besides our plant bed that separates the two properties. However, there are times when property deeds assign fence maintenance responsibilities. After I threaten to take him to a small claims court. Of course, the biggest question, even more vital than what the fence looks like, is who pays for it? Fence Etiquette: Who Gets the Good Side? - The Fence Authority A final option is to erect a new fence on your own land at your own expense, alongside your neighbour's old one. 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. See the resources below for more information. 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). 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! If we cannot agree, can we each build our own choice of fence? In a way we can say there is no law in Texas that explicitly governs the sharing of costs for boundary fences. It only benefits them. -Was the wall there from the very beginning when the houses were built or is it because of some type of new construction? The spiders build their webs on the 2x4s and birds perch on the 2x4s. Can I Tear Down My Neighbor's Fence On My Property, Neighbor Connected To My Fence Without Permission, Notice To Remove Mobile Home From Property. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. 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. That neighbor has since moved and a new owner bought the house as a rental property. What to Do If Your Neighbor's Tree Is Encroaching on Your Yard The primary reason for doing this is to ensure that your notion of the property line matches your neighbors. Someone that doesnt want to pay for the fence can prove by a preponderance of the evidence that imposing equal responsibility would be unjust. Any advice on how to proceed or deal with this overbearing representative? I want to replace our fence and sent multiple notices to our neighbor south of us. The term good neighbor just refers to the style of the fence. The fence needs to be repair. 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. In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. He may not enter the neighbor's property to trim or destroy the tree. Texas law places the burden of proof to establish a claim of adverse possession on the trespasser. It just appeared one day. Two questions: We do not want, or have a need for this new fence. It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . Today I go into my yard to find our shared fence down! I still cant see this fence from my property. Such a notice usually stipulates the type of fence to be installed, costs of installation, and the need for the neighbor to pay for half of the costs. Yes, you can paint your side of the fence because you own part of the fence. 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? Our road is in desperate need of repaving. Usually in small claims if it is under the max amount in your state (usually around 10-15k). The other 400ft i f that line of fence is livestock open space fencing. I Said they should of waited till the house was under my name and I would of helped out. Having said that if there are any specific questions or subject matter you would like to see some posts regarding, please let us know! 864, 864. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. Hi RC fencing! Let us now discuss a scenario where neighbors have a boundary fence they found there already. I had not notified him yet of the contractor doing the job as it just got scheduled. Do owners of homes with pools fall under a different set of rules. Both property owners own the fence erected between the property lines when both use it. The panel sits at about 8-9 ft off the ground. He also damaged a small two foot retaining wall that serves in that corner of my yard as a decorative feature as well as a way to halt erosion. If, however, the neighboring landowner does not participate in the costs of erecting the fence, it is not considered a common fence but, instead, is the exclusive property of the builder. Possible disputes might be hard to settle so much that they may end up in court. The husband came racing over as soon as he saw me drive up to inform me that I owe him $500 for this fence. He of course parks this car not in front of his house, but instead in front of my house, which hes done for over a year and I never cared or said a peep about it. So you are presented with the same predicament? Im 21 year old I have put a little more then 1,400 in this fence (redwood) I told him 800+ was material we can go half on that. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. This is because if you erect a fence it will simultaneously benefit the neighbor. Redwood trees at top of slope in his his corner hides the fencing in this area. During these early years, most of the neighborhood had children. In such a case, the responsible neighbor will shoulder all of the costs pertaining to maintaining the fence. The fence is about 6 inside our side of the property line and is about 15 feet long, extending from our backyard gate towards the front yard/street. Can neighbors on a private road be forced to contribute to - Avvo 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. If there are extenuating circumstances, try to collect evidence to support your defense. If you need help figuring out the rules and guidelines that apply when it comes to dividing fences in your area, getting in touch with a local expert is the best option. The fence is old and rotted and they have ivy growing on it which has helped to cause it to fall into my yard. In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. If you erect the fence and it encroaches into the neighbors property, they can report you. what if my dog runs off? Thanks! Hope this fully answers your question, if you have any further questions please let us know. However, they will need a permit in order to do so. The wall is leaning significantly toward my property and I am afraid it could fall. 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). The most common dispute is who will incur the costs and whether or not there should be a shared responsibility due to the equal benefit the fence will have. In other words, it is no longer capable of serving its intended purpose, i.e. If you are not sure you can engage professionals e.g. 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. From the way you have explained it, I would predict you are not going to be responsible whatsoever. Maybe higher. Such a fence will be your personal property and you will have absolute control over how you build and use it. I never paid any attention to it until he but he recently attached a 3 foot rod iron fence to extend the fence to the sidewalk in which he put on his property. Need a new fence. How should I ask the neighbor to help pay? 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. What recourse do I have? State laws on fences and range restrictions. They always ignored them, I eventually thought they just dont care and I made it clear Im not looking for any money if they cant afford it.