frugalmama Posted April 4, 2012 Share Posted April 4, 2012 This is going to sound kind of odd but hopefully someone here knows the answer. My neighbor on one side is replacing her fence, including {I believe - waiting to see at the moment} the portion that separates our properties. She came to my mom 2 weeks ago and wanted us to pay half of that portion, and we told her we did not want to replace the fence right now and could not pay half anyway {we're dealing with foreclosure and struggling to hold onto the house}. She's replacing that section anyway - am I legally responsible for part of the cost even though I did not agree to the new fence? Is there any legal recourse on my end if she changes the fence type? She's wanted short chain link and tried to get us to agree to it for the last 6 years - we bought this house specifically because it had a tall privacy fence. Quote Link to comment Share on other sites More sharing options...
jujsky Posted April 4, 2012 Share Posted April 4, 2012 You probably want to check with local ordinances, but as far as I know, you are not responsible if she is replacing her fence. Who put up the original fence? If the previous owners of the house put it up, then I would assume the fence belongs to you, and she would need to ask whether or not she can tear it down. Is the fence exactly on the property line? If not, which side is it on? If it's on your side, she can't do anything. If it's her side, she can. If you own a condex, then generally both sides need to agree with any work done to the property. If she does replace it with chainlink, you can always put up a privacy fence right next to it. Quote Link to comment Share on other sites More sharing options...
athena1277 Posted April 4, 2012 Share Posted April 4, 2012 Find out whose side of the property line the existing fence is on. If it's on your side, I would make sure the neighbor knows that it is your fence and they better not mess with it. They can always put a chain-link next to it on their side, but at least you don't have to look at it. ;) Unfortunately, if it's on her side, you can't stop her from changing it, but you also don't have to pay any part of the price. Quote Link to comment Share on other sites More sharing options...
Tammyla Posted April 4, 2012 Share Posted April 4, 2012 :iagree: Find out whose side of the property line the existing fence is on. If it's on your side, I would make sure the neighbor knows that it is your fence and they better not mess with it. They can always put a chain-link next to it on their side, but at least you don't have to look at it. ;) Unfortunately, if it's on her side, you can't stop her from changing it, but you also don't have to pay any part of the price. Quote Link to comment Share on other sites More sharing options...
GoVanGogh Posted April 4, 2012 Share Posted April 4, 2012 I'm just north of you, same state. Here it is generally considered the nice thing to do for neighborly relations to go in 50-50 on the fence or offer your labor if you can't afford to pay for part of it. I have never heard of anyone being legally obligated to pay for their half. You need a permit to replace a fence in this area because the fence is considered the official property line. We have gone through this twice when houses were built next to us and they 'gave' us a bit extra property as the property line was not straight so they built the fence straight giving us the extra. Along with the permit, you cannot just change the fence type. Local ordinances generally say what type of fence you have to have. If she does chain link and you don't want it, I would check into your ordinances and file a complaint, if it isn't allowed. Otherwise, I would put up a sheet of plywood on my side of the fence. But that is just me. ;) Putting up a nice section of privacy fence on your side would be nicer, but if you can't afford it plywood would do. Quote Link to comment Share on other sites More sharing options...
radiobrain Posted April 4, 2012 Share Posted April 4, 2012 OK, so there is a privacy fence now, right? Is it yours or hers? You should be able to figure this out by which way the inner beams are facing. if it is her fence, she can take it down. If not, she can't touch it and you could sue her. You are not in any way obligated to pay for anything. She might even have to pay to have the property surveyed... Don't let her bully you. ;) Quote Link to comment Share on other sites More sharing options...
frugalmama Posted April 4, 2012 Author Share Posted April 4, 2012 Well she came over and tentatively this is working. She elected to go ahead and replace that section and pay for it herself. I expect we'll lose a couple of inches, but as this is the neighbor who keeps pushing the fence onto our lot and over my ac unit I'll deal with it. According to her it is to be a privacy fence as well. *fingers crossed* this works out okay. The original fence was put up by the builder and needed replacing badly. I just don't have the funds right now to go 50-50 which I know is the neighborly thing to do, but honestly she hasn't been much of a neighbor in the last 6 years we've lived here. Quote Link to comment Share on other sites More sharing options...
JeneralMom Posted April 4, 2012 Share Posted April 4, 2012 I'm in San Antonio too and if you are in one of our crazy HOAs you need to find out what their rules are (we are in the Far West near Sea World). When our neighbour changed the fence, we did go half with her on the portion that we share. Our fence is falling down and so our landlord asked me to approach the back neighbour and the other-side neighbour but neither would respond to me, so landlord is within her rights to replace the fence with an indentical fence because it is a hazard. Quote Link to comment Share on other sites More sharing options...
Farrar Posted April 4, 2012 Share Posted April 4, 2012 Here, just FYI, the trick to knowing whose fence it is is the location of the posts - they are required to face (or be on the inside) the owner of the fence's property. When we replaced our fence, we certainly told the neighbors, but we didn't expect them to pay. Who would - that's nuts! Also, to ensure the line was kept, we used the same post holes. Make sure they either do that or have a surveyor or someone check that it follows the line. Quote Link to comment Share on other sites More sharing options...
dirty ethel rackham Posted April 4, 2012 Share Posted April 4, 2012 I would pay for a survey to make sure that she does not put the fence on your property and make sure you protect your AC unit. Once she takes land, she is on her way to owning it. Quote Link to comment Share on other sites More sharing options...
Paisley Hedgehog Posted April 4, 2012 Share Posted April 4, 2012 nm Quote Link to comment Share on other sites More sharing options...
simka2 Posted April 4, 2012 Share Posted April 4, 2012 Here, just FYI, the trick to knowing whose fence it is is the location of the posts - they are required to face (or be on the inside) the owner of the fence's property. When we replaced our fence, we certainly told the neighbors, but we didn't expect them to pay. Who would - that's nuts! Also, to ensure the line was kept, we used the same post holes. Make sure they either do that or have a surveyor or someone check that it follows the line. I know in Houston they get around this by alternating privacy panels. So, for 6 ft the post are facing me, then the neighbor, then me, and so on. :tongue_smilie: Quote Link to comment Share on other sites More sharing options...
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