If you want to fence in your property, you can't require them to pay for half the fence. To be safe, install your fence 1-2 feet inside the official boundary lines. My neighbor replaced our old Good neighbor fence. It is not something that NEEDS to be done. If one neighbor damages the fence, he or she could be liable for costs to repair. First off, the biggest one is if everything you say is correct, there was not a valid reason to replace the fence in the first place. Simple as that. A 1996 article from Texas A&M Real Estate Center discussing how misplaced fences could result in loss of land through adverse possession. ETA: In a similar fashion, when I rebuild my house in a few years and and put in a new fence, I won't be asking any of my three neighbors for any fencing contributions. The fence is attached on two sides to my neighbors existing fence. Mediation - some cities have a third party that will adjudicate the situation to ensure equitable relief. In cases where there is a property deed that stipulates whose responsibility it is to set up and maintain a fence, then that party will be the one to take care of all the costs of the fence. If so, can I put up planks on my side, once its built? I paid for the whole thing and did not ask the neighbor for any help or money. The new neighbor had a dog and wished to build a fenced-in yard, the 1st on our side of the street. He does not live in the area. 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. , 72 S.W. I have a fence that is in need of replacement. Our nextdoor neighbor decided to incorporate a 3 ft decorative fence, in the style of their landscaping, which had an Asian flair. and defecate on them. 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. Do you know? The first step in dealing with this is to talk to your neighbor and then compare deed copies. Its a great axiom that can be construed a couple of different ways, but for the purpose of this article, well use the literal interpretation: that a good fence, when agreed upon in terms of style, height, color, etc. Can you paint basement floor with Drylok? 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. Therefore I fully agree with you that your fence was not even close to the point of needing to be replaced. If your neighbor fails to do so and you end up with damage (as in the examples above), you will likely be able to recover damages from the tree owner. What steps has the neighbor taken so far? Also a small child or animal could possibly get into his yard and get in his pool. My neighbor destroyed my fence with premeditation to install his plastic one on mine property without my consent and told to the people who was doing the installation that he paid for the vandalized, lien to the workers.I requested him to show me the invoice,he just turn on back and left to his home.This person did a sneaky manoeuvre , he had a fence that was separated by a passage 3 feet wide . Seems like a stalling tactic to avoid paying for it. 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. , 14 S.W. Good Luck! If you find these statutes difficult to understand, please see the Understanding the Lawresources below for a "plain English" explanation of these laws. 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. We do not want, or have a need for this new fence. I have a shared fence with my neighbor and we plan to share the cost of the fence equally. Archived . Are you trying to say the fence will be in the front yard and therefore is not necessary or does it extend from the backyard all the way through to the front. I talked to the contractors and they felt bad no notice was given. Griffin v. Sansom. He didn't ask me for anything. I asked a contractor how much to tear down my older wooden fence. I hope I am understanding your question here correctly?? First off, please whatever you do, do not pay this man a dime. Do we still split it in half? At the end of the day you need to approach them with the possibility that they might not contribute anything. For more information or questions please call RC FENCES @ (925) 405-7658 or email at [emailprotected]. What options do I have? He may not enter the neighbor's property to trim or destroy the tree. I call upset that he has been pettt by ignoring not just me and my mother but the 2 contractors we tired to hire for this shared fence. 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. They have refused, saying that that dont want us to have free access to their property-we would literally only have to take 4-5 steps on their property to get to our our property under the stairs. They have their vinyl fence and we have our wooden fence (though not economically sound). I said great, but I would throw the neighbors a bone and, as a curtsey, pay them something. They'll first have to consult with you to get your approval for the decision. This was attached to the existing sideyard fence that was part of the developments construction. Should My Neighbor Help Pay for My Fence? She has to get three separate estimates and then you two can agree as to which company to go with. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). It came thru the fence and nearly thru the fwnce on the OTHER side of my yard . We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. If hes hiding behind "my wife says no" i seriously doubt hes gonna complain. Contact us today at 405-778-1545 or click on the big green button below to schedule a . If your neighbor has never fenced his land, he does not have to provide a fence that only really serves you. My city (Fresno) does not have a code or requirement for the neighbor splitting the cost. Do they have the right to force us to sign their agreement to allowour work to start? And also if the fence forms part of a structure enclosing their property. We sent the insurance coverage, licenses. The fence does not enclose their front yard but is still a neighboring fence. If he asks, and you dont want to pay for any of the fence I would just repeat what I have said here, and that should be the end of it! When your property borders with another fencing can be tricky. I have owned my house since it was built, in the early 70s. There has never previously had a boundary fence. The neighbor verbally agreed to this via texts and I sent quotes via texts. "This book from Nolo is updated to include the latest procedures for small claims courts in every state. I know I cant remove the 3 foot rod iron fence because it is totally on his property but can I remove the 6 foot fence that is on my property? The first option is to build the fence on your side of the property line. This is due to the fact that the fence is not connected to another fence in your neighbors yard, therefore enclosing it. I didnt even have the option of getting my own bids or anything. I just had a fence erected between me and my neighbor. Include good color pictures. In the letter, make sure to clearly state the requirement that the neighbor participates in sharing the costs. 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. It's pretty simple. 2 attorney answers. Good luck! My neighbor put up a wooded fence 6 inches from the property line on their side of the property. I have offered to help with the labor and split the cost 50/50. 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? You cannot force or report the neighbor since they are not legally obligated. This is because if you erect a fence it will simultaneously benefit the neighbor. . How are we doing? Most houses have nothing between them in the front yards other than a concrete mowing strip or plants, if anything. My partner and I ran across this different website and decided to take a look around. That can be an indicator of a problematic neighbor. Most HOAs have rules and regulations governing fence erection and erecting a fence that blocks light into a home is against the rules, they can force the neighbor to remove the fence. I would still consider paying him a curtsey fee, yet am certainly less inclined to do so now. Do your neighbors not agree on fixing the fence, what contractor to use, or the price? Shouldnt we have a right to easily access our own property? Often times this gesture will include the neighbor having some input into the fence's design. There are a few basic rules that govern dividing fences. This is because you have absolute building rights to build whatever structure you want on your own property. Therefore you will need to pay 100% of the costs of replacement! I told him I would also throw my neighbor a bone. The neighbor wanted to put in a fence, and thought we should pay half. 1.1K Posts. If you are inferring above that another option would be to repair, then you have missed the actual basis for this article. This is if you dont take the proper steps leading up to the construction of the fence. Civ. Neighbors can comment on your request during the variance hearing. Sitting down with your neighbor and offering to pay for half the cost of moving the fence often solves the problem. I had contacted my neighbor twice that we need to get the fence fix. against one of my trees. Having a shared responsibility can be much more contentious than you think. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-7. He would have had to get at least 3 bids from reputable companies and presented all these to you. 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. I bought a newly built home in 2000. Our left siding wall base are dropped to the two neighbors very end of their backyard. Please let everyone know if you have any ideas as to another route to take. My neighbors want the fence between our houses done. Can I build a fence on my side of the property line? Has he prepared or filed any paperwork? No one is seeded to the road. The slats are winged vinyl so I have to poison from above and it is becoming too big of a job. Your neighbor is on the hook for half of the new fence. What can I do Im being harassed. We deal solely with fences and decks and not siding, etc. Rule 5: A neighbor who destroys a dividing fence shall be responsible for repairing or replacing it. It also costs less than litigation, making it a more pocket-friendly alternative to going to court. What if the adjacent property is an apartment complex? FREE . After I threaten to take him to a small claims court. 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). But calling the cops on me for a one time incident has changed my care free attitude. Every state interprets use differently. (on their property) We were never asked to pay for any of it. This means issues pertaining to boundary fences and neighbors are mostly subject to the neighbors. As far as tearing down part of his fence. You are not responsible for any of the costs whatsoever and therefore you should not pay half much less the full costs, which I have no idea how this neighbor believes this to be fair. The original fence was falling apart but the man claimed his neighbor didn't want to help pay for it Credit: Tik Tok "When your neighbor doesn't want to replace the aging fence," the Texas-based neighbor wrote over a video showing his brand new fence. Yes, that is correct. That is unfair because they can benefit from something they did not pay for. Only 43 of that fence serves me, and then my gate encloses my yard. Thank you for your comment/ queston! Tuesday. In the unwritten rules ofhome fencingetiquette, the first thing you should do after deciding to build a new fence is to discuss the project with your neighbor. Does it? However, generally, neighbors usually share in the cost of a fence provided it is a dividing fence that sits on the property line. Do not do so! 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. The house sold for more than asking, by the way. Period. To learn more about how property owners' associations can enforce rules within their communities, check out the Enforcement of CC&Rs page of the Property Owners' Association research guide.