Can My Neighbor replace our shared fence and require me to?

Can my neighbor replace our shared fence and require me to pay a share? Shared payment for a fence is not required in every situation! Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms.

Is it OK to tear down and replace an existing home?

You might then consider “tearing down” your home and replacing it with a brand new modular home. Before you contact a modular builder, you should learn what your town’s zoning, planning, and building departments allow. Their regulations are partly in place to protect the existing character of your town and neighborhood.

Why do they say you can’t tear down your home?

Their regulations are partly in place to protect the existing character of your town and neighborhood. They dictate whether and how you can tear down your existing home. They also determine what you can build as a replacement. This usually includes the size, footprint, square footage, height, and style of your home.

How much does it cost to tear down a house?

The Cost to Tear Down Your Home. Be prepared to pay between $5,000 and $25,000 to demolish your existing home, haul the materials away, and cover the disposal fees. You’ll pay even more if your home has asbestos or other toxic materials.

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

Why does my Neighbor not pay for my fence?

The typical neighbor rationalization for not contributing has been that they are happy with the fence, see no reason to repair/replace it, or don’t have the money. Existing California law (Civil Code Section 841) provided that property owners were only responsible for contributing if they were using the fence to enclose their own property.

What should I do if my neighbor leaves my fence unstained?

Leaving their side unstained will leave your fence unprotected. If cost is the reason, you might offer to cover the cost for them in order to protect your investment. If they just prefer the look of natural cedar, we offer a clear stain which will protect the fence but still have the natural cedar appearance.

What’s the best way to deal with your neighbors?

When you follow local zoning regulations, make respectful choices, and maintain communication with your neighbors, you’ll be able to install a new fence and stay on good terms with them.

Can a neighbour take down a shared wall?

Yes, because you erected/paid for the fence you are the owner, but can still be classed as a shared wall because it is sitting on the thin line of your boundaries. You can remove the fence when you want because it is yours.

How to get neighbour to replace boundary wall?

1 Voice your concerns with your neighbour 2 Ask them if they are replacing the boundary wall 3 Is there a reason they are not replacing their fence 4 If all else fails, build your own fence!

Can a neighbor build a fence out of spite?

Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Many states have laws that regulate “spite fences.” Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations.

How big of a fence can I build in my Neighbor’s yard?

active oldest votes. 1. A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line. You mention that the fence post is presumably in their property so even butting up to it would be in their yard.

Do you have to have a fence between your property lines?

Boundary fences, or division fences, must conform to fencing laws established by local ordinances and CC&Rs. Both property owners own the fence erected between the property lines when both use it. Every state interprets “use” differently.

Can a neighbor build a fence on your property line?

If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you.

How big is your neighbor’s property line?

Atkinson says after her mother died she noticed the neighbors had their side of the fence landscaped and expanded the driveway. Earlier this year, when she finally paid for a survey of the property line- she received a letter from the neighbor’s attorney. “They’re claiming 308 square feet of our property!” Atkinson said.

Is there a line between fence and driveway?

Fence surrounds the yard, but homeowner says boundary has gone beyond fence for decades. Neighbors on driveway side say “Not anymore.” (KOMO)

Can a neighbor trip a tree on your property line?

Courts give great deference to private property lines in the U.S. Your neighbor may not come into your yard to trip a tree or bushes without your permission. The same is true in reverse. But this is where legalities can end an being a good neighbor can begin.

Can a council take action against a neighbour?

You should also check if the wall or fence is safe – if it isn’t, your neighbour or the council could take action against you. If the wall or fence is safe and there’s nothing about repairing it in your legal documents, it’s up to you whether you do what your neighbour’s asking.

What should I do if I disagree with my Neighbour about a fence?

Talk to them face to face if you can – make a note of what you agreed. If you don’t feel comfortable speaking to them, write to them or ask someone to contact them for you. Keep copies of any letters or emails you send or receive. It’s often best to find a compromise, for example sharing the cost of a new fence panel.

Can a neighbor look to the other for repair?

However, a neighbor can only look to the other to share ratably in its repair if that neighbor, who is undertaking the repair, gave the other neighbor both adequate notice of the repair issue sought to be addressed and a reasonable opportunity to participate in deciding how the repair is made.

How can I make a complaint against my Neighbor?

Contact the person in charge of the HOA’s calendar and ask that your complaint against your neighbor be added to the next meeting’s agenda. 5. Present Your Complaint to the HOA.

How to enforce your HOA’s rules against your neighbor?

So here’s a general overview of how to legally enforce your HOA’s rules against your neighbor: 1. Get a Copy of Your HOA’s Bylaws. Like a corporation, your HOA likely has a set of bylaws written at its creation which govern amending, restricting, or even enforcing its rules.

Can a neighbor be displeased with a fence?

Despite the many hoops and obstacles that may hinder the journey to your dream fence, a displeased neighbor remains the biggest hurdle. An unhappy neighbor means an unfortunate fate for your plans or theirs. By working together and following proper process, a satisfactory outcome is more likely.

How to take 20% off neighbor law?

You can take 20% off of Neighbor Law with COUPON CODE: “BOW” in our bookshop. One of the most common neighbor disputes is perhaps property boundary issues.

Is there a law about disputes between neighbors?

Neighbor disputes can occur for a variety of reasons, and they are certainly nothing new! As a result, there is a body of law that exists specifically to help resolve disputes between neighbors. Learn More about Neighbor Law! A good source to learn more about dealing with neighbors is Neighbor Law: Fences, Trees, Boundaries & Noise.

Why do I have to ask my neighbor to pay for my fence?

My concern with the first approach is that I am essentially putting the neighbor on the spot asking for money, and possibly making them feel bad if they do not want to replace the fence. My concern with the second approach is that it may come across as acting superior if I suggest to pay for the fence myself.

Can a neighbor pay for half of a repair?

That said, if your neighbors expect and allow you to pay two-thirds of the bill, they also should expect, and allow, you to decide whom to hire and how much to spend on the project. They can’t choose to pay for less than half of the work, then expect to be deferred to on cost.

How is the cost of a fence shared?

A: In most cases, the cost of boundary fence repair or replacement is shared 50/50. California Civil Code 841, also known as the Good Neighbor Fence Act of 2013, requires that “adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them.”

When to approach your neighbors to share a boundary fence costs?

The only exception to costs is if a neighbor does not use the fence. In practice it is difficult to see how a neighbor would not use a boundary fence. If the fence is your idea then you will need to approach the neighbors to ask them to share in the costs.

Do you split the cost of a fence with your neighbor?

In fact, nearly 25% of the fences we build, the homeowner chooses to not even ask the neighbor to pay for half, assuming that when their neighbor is informed of the new construction, they would likely just offer. Most would agree that, yes, in most cases, splitting the cost is the right thing to do and only “fair”.

Who is the owner of a shared backyard fence?

Who Owns a Shared Backyard Fence? Typical central Oklahoma suburban neighborhood. If it is a double fence, where each property has a separate fence that abuts the other one, then the answer is clear that you repair your specific fence and the neighbor repairs their side.

What to do if neighbor refuses to pay for fence repairs?

If you have a boundary fence and the neighbor refuses to pay for their share of the repair costs, you may decide to take legal action. It is in your best interests to speak with a qualified lawyer for those special circumstances. Maintenance is the Best Option to Keep Fences in Great Condition

What makes a backyard fence neighbor to neighbor?

A backyard fence that splits the property lines between neighbors is called a boundary fence. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. This means that your neighbor (s) have the same rights to the shared fence as you do.

When does a neighbour have to pay for a fence?

Costs may not have to be shared equally if: If one neighbour wants a dividing fence that is of a greater standard than what is “sufficient”, they will usually have to pay the difference between the cost of a sufficient dividing fence and the cost of the fence they want.

Do you have to give your neighbour permission to build a wall?

You shouldn’t make any changes to walls or fences without their permission. Before you can solve the problem, you need to know where the boundary between your homes is. This will help you to understand whose property the wall or fence is on or whether it’s shared between you.

Do you have to pay for a dividing fence?

Fencing work on a dividing fence must be done with the agreement of both owners of neighbouring property. However, if one owner is happy to pay the entire cost of building, fixing or repairing a dividing fence then their neighbour will not have to share fencing costs with them.

Is it OK to share a fence with your neighbor?

If your neighbors are in agreement about installing a new fence then often, they will share the cost with you. Because the fence will benefit both parties, your neighbors might be interested in sharing costs, the conversation about property lines and fence maintenance will also be become much easier.

What should I do if my Neighbor opposes my fence?

Communicating with your neighbor can help ease the process along. If your neighbor objects to your request, the variance may not be accepted. Perhaps your neighbor is the one pursuing a modification to the boundary fence. If you have an issue with the construction, you can voice your concerns directly to the neighbor or contact your HOA.