U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 01-07-2015, 08:02 AM
 
Location: North Texas
23,599 posts, read 31,143,716 times
Reputation: 26661

Advertisements

Going on further from that, another question for the good folks of CD....

My parents used to have a "good neighbor fence," i.e. a chain-link fence between their property and the neighbor's property. It made the yard look huge and the neighbor's yard was gorgeous, so everyone loved it. Then the house sold and the new neighbor built a wooden fence one foot inside his property line without taking down the chain-link fence. I hear this is common???

Anyway, fast forward a few years; the neighbor's house changed hands and my parents took down the chain link but left the posts. They did this so that they could access that foot of no-man's land between the old fence and the new fence, which was getting choked with weeds.

Now that wooden fence that the previous owner built is collapsing, and the new owner is trying to get my parents to go halfsies on a new fence. My father refuses to do so because in his mind, it's 100% the other owner's problem because the fence does not straddle the actual property line but is well inside the other house's property line. I'm assuming older surveys would bear this out, but I'm just wondering....

A.) Can the new owner compel my parents to do anything about the fence?
B.) Is the fence 100% on the neighbor?
C.) Can these questions even be answered without looking at surveys for both properties?
D.) Does that foot of no-man's land now belong to my parents, having been "ceded" by the owner who put up the fence?
Quick reply to this message

 
Old 01-07-2015, 08:19 AM
 
1,212 posts, read 1,769,788 times
Reputation: 1073
Quote:
Originally Posted by BigDGeek View Post
Going on further from that, another question for the good folks of CD....

My parents used to have a "good neighbor fence," i.e. a chain-link fence between their property and the neighbor's property. It made the yard look huge and the neighbor's yard was gorgeous, so everyone loved it. Then the house sold and the new neighbor built a wooden fence one foot inside his property line without taking down the chain-link fence. I hear this is common???

Anyway, fast forward a few years; the neighbor's house changed hands and my parents took down the chain link but left the posts. They did this so that they could access that foot of no-man's land between the old fence and the new fence, which was getting choked with weeds.

Now that wooden fence that the previous owner built is collapsing, and the new owner is trying to get my parents to go halfsies on a new fence. My father refuses to do so because in his mind, it's 100% the other owner's problem because the fence does not straddle the actual property line but is well inside the other house's property line. I'm assuming older surveys would bear this out, but I'm just wondering....

A.) Can the new owner compel my parents to do anything about the fence?
B.) Is the fence 100% on the neighbor?
C.) Can these questions even be answered without looking at surveys for both properties?
D.) Does that foot of no-man's land now belong to my parents, having been "ceded" by the owner who put up the fence?
1) no.
2) yes. But I would still agree to pay half. it is the neighborly thing to do.
3) yes.
4) No, unless you parents use of the property has been for a very long time and their use of the property is "open and hostile."
Quick reply to this message
 
Old 01-07-2015, 08:28 AM
 
Location: Dallas, TX and Las Vegas, NV
5,077 posts, read 3,772,849 times
Reputation: 10062
BigDGeek, I have had this issue before. Your parents get enjoyment out of the fence and they also benefit from and xtra foot of land to use that belongs to the next door property. Seems fair if they pay for 1/2 the fence under the condition that the price of the new installation includes paying the fence contractor to remove the old posts from the wire fence.
Quick reply to this message
 
Old 01-07-2015, 09:50 AM
 
Location: Southlake. Don't judge me.
2,810 posts, read 3,565,871 times
Reputation: 3600
Quote:
Originally Posted by HockDad View Post
unless you parents use of the property has been for a very long time and their use of the property is "open and hostile."
Open, NOTORIOUS and hostile, IIRC. ("The Notorious Adverse Possessor" would be an interesting law school rapper )
Quick reply to this message
 
Old 01-07-2015, 10:11 AM
 
15,385 posts, read 8,682,121 times
Reputation: 13770
Quote:
Originally Posted by BigDGeek View Post
Going on further from that, another question for the good folks of CD....

My parents used to have a "good neighbor fence," i.e. a chain-link fence between their property and the neighbor's property. It made the yard look huge and the neighbor's yard was gorgeous, so everyone loved it. Then the house sold and the new neighbor built a wooden fence one foot inside his property line without taking down the chain-link fence. I hear this is common???

Anyway, fast forward a few years; the neighbor's house changed hands and my parents took down the chain link but left the posts. They did this so that they could access that foot of no-man's land between the old fence and the new fence, which was getting choked with weeds.

Now that wooden fence that the previous owner built is collapsing, and the new owner is trying to get my parents to go halfsies on a new fence. My father refuses to do so because in his mind, it's 100% the other owner's problem because the fence does not straddle the actual property line but is well inside the other house's property line. I'm assuming older surveys would bear this out, but I'm just wondering....

A.) Can the new owner compel my parents to do anything about the fence?
B.) Is the fence 100% on the neighbor?
C.) Can these questions even be answered without looking at surveys for both properties?
D.) Does that foot of no-man's land now belong to my parents, having been "ceded" by the owner who put up the fence?
We have the exact same situation, but we're the ones that put up a fence about 6 inches inside of the chain link fence. We did it for a few reasons. First, the neighbor's dogs are viscous, and we wanted a buffer between our dogs and theirs, because it's easy for a little dog to get pulled under a fence and get maimed. Second, the posts needed to be replaced, because they are bent badly. There's a few large roots on the fence line, but moving the posts by 6 inches avoided them. And lastly, there is no way those neighbors would go in half on a fence, but if we did a "shared" fence, then they would have some say, since it would also be on their property. By making it our fence, we could do what we wanted.

In no universe did putting up a fence on our property "cede" them any of ours. It's no different than the line of bushes on the other side that are inside our property line. If our neighbor in the future takes down the old posts, we will take action to ensure that a barrier remains, even if we have to put it up ourselves again on the old fence line.
Quick reply to this message
 
Old 01-07-2015, 10:44 AM
 
Location: DFW - Coppell / Las Colinas
29,922 posts, read 34,526,470 times
Reputation: 35919
Fences are temporary but buildings are permanent (Real Estate). I don't believe putting up a fence results in a loss of property. But I'm not a lawyer.
Quick reply to this message
 
Old 01-07-2015, 11:07 AM
 
Location: North Texas
23,599 posts, read 31,143,716 times
Reputation: 26661
Interesting.

Personally I think what neighbor #1 did was a dickish move, building a wooden fence inside his property line and trapping lawn between his fence and the old fence forcing my parents to remove the chain link if they wanted to be able to clear the weeds choking that area and putting the onus on them to remove the old metal fence posts (which they still haven't done).

Now neighbor #2 wants them to help pay to fix a fence that's entirely on his property and that was cheaply put up in a single day.

Hard to say what I would do. If neighbor #1 still owned the house, I'd tell him to pound sand.

Neighbor #2, I've never met him. If he was a nice guy and we could come to mutually agreeable terms, maybe.
Quick reply to this message
 
Old 01-07-2015, 11:58 AM
 
Location: Dallas, TX
2,346 posts, read 5,792,682 times
Reputation: 2284
I think your parents are (inapppropriately) holding the sins of Neighbor #1 against Neighbor #2.

Neighbor #2 is making a reasonable request. Your parents are free to accept, reject, or negotiate, of course. But they need to be thinking in terms of what outcome they want, rather than just what they think is "right".

As it is, your dad's angling for a "free ride" by getting the fence (which he clearly DOES benefit from, regardless of the exact location) repaired/replaced at no cost to him. That could backfire.

The most likely outcome is that Neighbor #2 allows the fence to continue to fall apart. Is that REALLY what your parents want? I doubt it.

Even worse, consider this: What's stopping Neighbor #2 from simply tearing down the fence and telling your parents - "I offered to pay for half of a new fence, and you refused. Now there's going to be no fence at all." That is, unless your parents pay for ALL of it and put it on THEIR land. That situation would make your dad's stubbornness a bit short-sighted.

Last edited by Big G; 01-07-2015 at 12:08 PM..
Quick reply to this message
 
Old 01-07-2015, 12:08 PM
 
Location: North Texas
23,599 posts, read 31,143,716 times
Reputation: 26661
Quote:
Originally Posted by Big G View Post
I think your parents are (inapppropriately) holding the sins of Neighbor #1 against Neighbor #2.

Neighbor #2 is making a reasonable request. Your parents are free to accept, reject, or negotiate, of course. But they need to be thinking in terms of what outcome they want, rather than just what they think is "right".

As it is, your dad's angling for a "free ride" by getting the fence (which he clearly DOES benefit from, regardless of the exact location) repaired/replaced at no cost to him. That could backfire.

Consider this: What's stopping Neighbor #2 from simply tearing down the fence and telling your parents - "I offered to pay for half of a new fence, and you refused. Now there's going to be no fence at all." That is, unless your parents pay for ALL of it and put it on THEIR land. That situation would make your dad's stubbornness a bit short-sighted.
Nah, he'd just unroll the chain link and put it back up. You don't know my dad. He's a stubborn old fart.
Quick reply to this message
 
Old 01-07-2015, 06:57 PM
 
1,212 posts, read 1,769,788 times
Reputation: 1073
Quote:
Originally Posted by BigDGeek View Post
Nah, he'd just unroll the chain link and put it back up. You don't know my dad. He's a stubborn old fart.
One item to consider. Fences have two sides: 1) the pretty side, and 2) the ugly side with cross-boards. If you share the costs, you may be able to convince the neighbor to build a fence with two pretty sides (more expensive, but still far cheaper than building two separate fences). If you let the neighbor builds the fence, rest assured your dad will be looking at the ugly side of the fence for the foreseeable future.
Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Options
X
Data:
Loading data...
Based on 2000-2016 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas > Dallas
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top