Whether they are facing financial hardships of their own, are very tight with their money, or just take no pride in the upkeep of their property, the refusal usually comes from the misconception that they are not legally responsible to pay. My husband wants to put the planks on our side. Our side of the fence with the 2x4s looks ugly and unfinished. Joel I wish I could be of more help but this is a question outside my area of knowledge. As far as extending the fence, as long as it was built on the boundary line between your two properties, I do not see why you couldnt continue the fence off the post where he ended the one he built. HOA has tried working with her to explain the responsibility and has even gotten their legal counsel involved. For these reasons, even if you are happy to pay the full costs of fencing work, you should try to talk to your neighbour and come to an agreement before starting any work. Hope this helps, let me know if you have any more questions! this information even though informative it only benefit the contractor. 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? ), As he approached my wife in such a critical harsh manner I feel less inclined to offer him anything. Your neighbor did not follow the proper procedure in order to go after you under the CA Good Neighbor Law for half the costs. . Those people moved out and a new family moved in. A week later, I came home to find a for sale sign in his lawn. What was the outcome regarding the neighbors trees/vegetation ruining your fence? It seems we can not agree. Redwood trees at top of slope in his his corner hides the fencing in this area. I have no idea where your neighbor is getting his information from but it sounds to me like he is trying to take you guys to the cleaners, please whatever you do dont let him do that! There better be good reasons other than make my yard look better. Originally the bad planks are on their side and the polls on our property what will be the best to do in this situation. However, there are times when property deeds assign fence maintenance responsibilities. Best to have a survey done. Then it will be for a judge to decide the matter! Yes, the 30 day timeline still applies, but I would have to imagine a judge would take the extenuating circumstances into account. Today I go into my yard to find our shared fence down! Or is it apparent the uphill neighbor backfilled their property for one reason or another which created the need for the wall? Code Sections 143.121-.123, passed in 1981, governs this issue. Also a small child or animal could possibly get into his yard and get in his pool. The fence completes the enclosure of her property and I feel she has as much benefit of it as I do. 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. Im looking forward to returning to your website. He did. Your neighbor accidentally crashed their car into the fence. The first option is to build the fence on your side of the property line. Generally, each neighbor is equally responsible for boundary line fences. This is because you have absolute building rights to build whatever structure you want on your own property. They said that would be a civil dispute amongst neighbors. Thank you for your comment/ queston! The fence is solely your responsibility. If they do not want to do that then they can eat the costs as they rushed to replace it when they should have waited until they spoke with you, the new homeowner! No, this will not cause any issues whatsoever. Can you paint basement floor with Drylok? I have owned my house since it was built, in the early 70s. Use this free tool to get in touch with a local fence expert, maintenance of a fence between two properties, Corrugated Metal Fence vs Wood Fence: Comparison, How Many Fence Posts Need for 1 Acre Of Farm Field Fencing, How Many 8-Foot Sections of Fence To Enclose A 1-acre Lot. 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). My fence completely encloses my back garden and is a corner lot. Here is what you should know about what happens if a neighbor refuses to pay for a fence. Lawyer's Assistant: The Real Estate Lawyer can definitely answer that. If the failure is due to encroachment by my neighbors trees, should they bear the full cost? This means he has direct line of sight into my entire front yard, and we can walk into each others side yards if feeling entitled. Do owners of homes with pools fall under a different set of rules. Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. That could mean you document the bad shape of the fence and just build it exactly on the property line, while leaving the bad fence on his property, and then send him a bill for half. No! 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. I live in a cul-de-sac and the neighbor on the corner backyard fence backs into my front yard. A backyard fence that splits the property lines between neighbors is called a boundary fence. Why would this be true.. the fence is not on the boundary like therefore it is the responsibility of the property owner in which has the entirety of the fence on their property to maintain it as they like. Spoke to the neighbor again, told him I want to move the fence to the property line, first he said fine as long as its a block wall, so we got estimates but that was too much, so then he said we could move my fence to the property line, and then yesterday changed his mind again and said do not remove original fence! However, generally, the neighbors are supposed to share the costs equally. We would rather have a wooden fence if the existing block wall cannot be fixed or strengthened. Am I supposed to send another certified letter with the bids on replacing the fence and give them a demand again or just go to small claims court and ask the judge to rule that they need to split the cost on fixing the fence? The back part of the fence, in the backyard, fell and is neighboring half of the neighbors front yard. Why would he? What can I do Im being harassed. Neighbors dont always have to share the cost of a fence. If so, the fence is a shared responsibility. First off, it might end up looking funny as often different fence companies use different grades of wood from different suppliers as well as have their own building techniques which may not match the other contractors. This appears to be the pattern on our block. area let me know and Ill go talk to him! Your neighbor intentionally damaged the fence. My last correspondence by text with the homeower who lives out of the area is if you want it done now you can do that and pay for it all yourself. The letters are available for $350, and can be purchased by contacting our Business Real Estate Group . Whether or not your neighbor ends up covering half, some, or none of your new . 6. The neighbor that built the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. As far as the CA Good Neighbor Law is concerned you ARE NOT liable for half the fence. Check out our Abandoned Property research guide for more on adverse possession. It benefits the homeowners as they now have a legal route to take to replace their fences, which obviously is exactly the reason the law was created! . If you want to fence in your property, you can't require them to pay for half the fence. If youd like more insights on this topic and many others regarding fencing in and around Mundelein, contactAction Fencetoday. -Was the retaining wall initially required because the lower neighbor graded their property and therefore it was their responsibility to provide support to the uphill neighbor whose natural support they cut away during the grading and leveling of the property. Plus the neighbor will not have the right to even use it in any way without your consent. If you rent your home, ask your landlord if they'll deal with the problem on your behalf. Mediation is an alternative dispute resolution method that is commonly employed in settling fence disputes. Texas residents can register for a library account online! Weve contacted our neighbor to alert him of the project but he refuses to have the fence removed. To put it much more simply, If a property owner benefits from the fence, he has to contribute to its cost. We also included a timeline of when we planned on repairing the fence ( that weekend ) and to contact us if there were concerns or wanted to further discuss the cost and/or actions of the repair (included name and number) .We did not give them a 30 day notice however as we have a dog and the fence was completely collapsed (are you suppose to wait 30 days in these situations? How is this even possible? Your details will be forwarded to three local experts. He charge me $80 that I paid him because I am tired of being harrassed. From boundary line disputes, to one of the more common issues, which is the neighbor(s) outright refusal to help pay for the cost of a new fence, maintenance or repairs. Your neighbor is not legally required to pay half of the fence. Any tips on how to proceed? Am I still responsible for half? 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. The case law for boundary fences is found in. Thanks for any input. If they dont, then you should take the matter to mediation. Neither you nor your arborist may go onto a neighbor's property or destroy the tree. This can cause conflict, particularly where a fence you built is actually in your neighbour's yard. Posted by 4 years ago. A mediator will help you two to reach an agreement. My neighbor replaced our old Good neighbor fence. The neighbor is requesting I pay for all the materials which is half the estimate and she and her handyman friend will do the work. 49. I want to replace our fence and sent multiple notices to our neighbor south of us. If he continues to do so anyway, call the cops. Find your plat and review it together. I have now recently discovered he placed video surveillance pointed /monitoring my front yard. (Please confer with a licensed Attorney to confirm as we can only provide information and not legal advice!). Hi, can you please explain what your opinion is about when it is necessary to replace a wooden fence under the fence law. And also if the fence forms part of a structure enclosing their property. Well, I wish I could give you better advice but the matter is in your neighbors hands.
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