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Old 05-10-2013, 12:38 PM
 
1 posts, read 30,885 times
Reputation: 14

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I own a home within the City of Houston limits. I have recently installed a wood fence on my property line. I paid for it completely. My next door neighbor whose property borders this fence is a total jerk, so I did not initially approach him to pay for half of the cost of the new fence along that side.

He has now tied into my fence. He installed about 3 feet of chain link fence; one end tied to my fence and one end against his house. He did not notify me that he was going to do this or ask permission.

I am asking him to now pay for half the cost of the fence along that side since he has tied into. I know he will be a total jerk about it so I am sending a registered letter stating the facts and asking for payment - receipt of the installation, the survey showing the property line and dimensions, etc. I don't want any extra money, just his fair share. If he hadn't tied into it, i wouldn't be asking.

The question is, do I have a case here? If he doesn't pay, can I take him to small claims court?

I don't have an issue with him tying into the fence, as long as he pays his appropriate half of it.

While the fence is on the property line, it's on my side of it. Isn't tying into my fence without my approval or knowledge a form of trespassing? Wouldn't it be similar to hooking up his hose to my spigot?

I have searched the internet and not found anything in the City of Houston regulations about residential fencing or codes or anything that would apply. I have read that Texas doesn't have any fence laws, but that seems odd for the City of Houston.

Can you please advise?
Thanks...
Jane
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Old 05-10-2013, 01:03 PM
 
Location: Woodfield
2,086 posts, read 4,130,499 times
Reputation: 2319
I think you should just let it go. Your mad, you don't like him, your letting your emotions get the better of you. What happens when you go to court? What are your damages? None. Its not like he refused to pay for half the fence, you just assumed he wouldn't (and you might be right, but...). And did you have a professional surveyor plot the fence on your property survey? If not, who knows where the fence really is?

If I was the judge I'd throw it out, it just looks like your being vindictive. My opinion, sorry.
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Old 05-10-2013, 01:12 PM
 
34,619 posts, read 21,603,285 times
Reputation: 22232
I agree with ToyYot, unless it's causing damage to your fence, I'd just let it go. Why subject yourself to the grief?
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Old 05-10-2013, 01:24 PM
 
482 posts, read 874,664 times
Reputation: 391
If he has installed fencing on your property, you have a claim. We respect our neighbors fences and never tie in to them. I would not want them touching mine. It never becomes an issue until it's an issue. Like when my dogs or their dogs jump on the fence, break part of the fence or otherwise damage it. We also have livestock and everyone does their own fencing. It's just more polite. All of us neighbors are excellent friends and we like to keep it that way. Taking care of our own fences is one way to do that. I would not ask him to pay for it but I would certainly ask him not to put his fence or his body on your property. That should solve the issue.
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Old 05-10-2013, 02:25 PM
 
1,232 posts, read 1,901,440 times
Reputation: 1237
If his chain link has a pole, which I assume it would, next to your fence (and not on your property), I would agree with everyone else to let it go. If he has somehow attached it, or the pole is clearly on your property, I would get resolved. If you built the fence on your property, you want it clear from the beginning you are the one who determines what is done with it. Of course, if it is similar material and looks better all tied together, may be more pragmatic to leave alone just for that reason.
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Old 05-10-2013, 02:54 PM
 
Location: Texas
430 posts, read 1,256,561 times
Reputation: 450
I agree with JasonAndJulie and vwgto -- if his chain link fence is actually attached to your fence, I'd ask him to remove it and install a pole on his side of the property line to hold his fence. I would not ask him to pay for half of the fence you had installed unless he refuses to do this.
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Old 05-10-2013, 02:57 PM
 
Location: Lafayette LA & Canyon Lake TX
73 posts, read 271,492 times
Reputation: 63
Could it be his fence installation company did this without his knowledge? Perhaps they took a shortcut in their installation?

Just sayin'
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Old 05-10-2013, 03:04 PM
 
Location: Beautiful Northwest Houston
6,290 posts, read 7,495,190 times
Reputation: 5061
Quote:
Originally Posted by JaneDoeHomeowner View Post
I own a home within the City of Houston limits. I have recently installed a wood fence on my property line. I paid for it completely. My next door neighbor whose property borders this fence is a total jerk, so I did not initially approach him to pay for half of the cost of the new fence along that side.

He has now tied into my fence. He installed about 3 feet of chain link fence; one end tied to my fence and one end against his house. He did not notify me that he was going to do this or ask permission.

I am asking him to now pay for half the cost of the fence along that side since he has tied into. I know he will be a total jerk about it so I am sending a registered letter stating the facts and asking for payment - receipt of the installation, the survey showing the property line and dimensions, etc. I don't want any extra money, just his fair share. If he hadn't tied into it, i wouldn't be asking.

The question is, do I have a case here? If he doesn't pay, can I take him to small claims court?

I don't have an issue with him tying into the fence, as long as he pays his appropriate half of it.

While the fence is on the property line, it's on my side of it. Isn't tying into my fence without my approval or knowledge a form of trespassing? Wouldn't it be similar to hooking up his hose to my spigot?

I have searched the internet and not found anything in the City of Houston regulations about residential fencing or codes or anything that would apply. I have read that Texas doesn't have any fence laws, but that seems odd for the City of Houston.

Can you please advise?
Thanks...
Jane

Call LegalLine it is a service of the Harris County Bar Ass.

What is LegalLine?
LegalLine is a community service outreach program of the Houston Bar Association that has served the Houston area since 1986. This legal advice hotline is designed to help the public get simple legal advice, answers to legal questions and referrals to helpful resources over the telephone. All calls are answered by licensed volunteer attorneys.
LegalLine is held twice a month on the first and third Wednesday of every month, from 5 p.m. until 9 p.m. To reach a volunteer attorney call (713) 759-1133. This is a call-in telephone program only

Who can call LegalLine?
Any Harris County citizen may call LegalLine. LegalLine is sponsored by The Houston Bar Association, a nonprofit organization.

http://www.hba.org/folder-services/p...ochure1112.pdf

I hope this helps
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Old 05-10-2013, 03:11 PM
 
Location: Houston
6,870 posts, read 14,852,499 times
Reputation: 5891
It doesn't seem like it's worth all the trouble to get into a legal fight over something so petty. Let it go.
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Old 05-10-2013, 03:13 PM
 
Location: Sugar Land, TX
1,614 posts, read 2,662,065 times
Reputation: 2029
Quote:
Originally Posted by TexasCatherine View Post
I agree with JasonAndJulie and vwgto -- if his chain link fence is actually attached to your fence, I'd ask him to remove it and install a pole on his side of the property line to hold his fence. I would not ask him to pay for half of the fence you had installed unless he refuses to do this.
I agree with this. Good luck.
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