10-22-2008, 09:05 AM
Location: Central Texas
20,958 posts, read
45,404,950 times
Reputation: 24745
Steve, after a certain period of time, you could claim that property, per Texas law, if it is fenced and the actual owner makes no objection to you having it fenced in and using it (landscaping would likely count). That right there makes them objecting not "senseless".
10-22-2008, 09:27 AM
Location: Jollyville, TX
5,867 posts, read
11,926,362 times
Reputation: 10917
Quote:
Originally Posted by
hotbird67
what is the city of austin law about some one building a fence on your land. can i take him to court
We had a similar situation. When the undeveloped lots behind us were puchased by a builder, they put up the side fences only to the property line, leaving a gap between them and our back fence. Our fence was inside the property line and we assumed that the builder would put a new back section on his property. Well, he chintzed out and didn't and the buyer added on to his fence to close the gap (he has small kids), but basically fenced in over the property line.
Rather than get ourselves embroiled in a legal dispute, we simply went over there, gave them a welcome to the neighborhood card and our phone number and then informed them that we were going to move the fence and take back our property. Can't say they were thrilled about it, but they accepted it.
I would always advise reaching out to the neighbor first - they may not realize what they did. If you start off by taking legal action, that will probably make them angry and less likely to do the right thing.
10-22-2008, 01:03 PM
2 posts, read
12,775 times
Reputation: 10
me and the neighbor don't like each other. do i call the city of austin to talk to him about it
10-22-2008, 07:01 PM
8,231 posts, read
17,319,202 times
Reputation: 3696
Quote:
Originally Posted by
hotbird67
me and the neighbor don't like each other. do i call the city of austin to talk to him about it
How do you know the fence is on your land? Do you have a survey? Have you talked to him already? I would always try to work it out before I called a lawyer ($$) or dealt with small claims court (hassle).
10-22-2008, 09:24 PM
Location: Austin TX
959 posts, read
4,493,573 times
Reputation: 467
I would speak to a lawyer specializing in realty/property/HOA law. The owner and/or the HOA could have a responsibility to take care of the lattice if it is indeed on your fence. And the HOA may have had a legal obligation to get your approval on the project, and definitely if it's your fence
Quote:
Originally Posted by
jeffnandy
You know I don't mind the privacy issue, but what I do mind is this obnoxious trellis that stretches across the entire back part of the fence. I can't stand lattice and the only reason they went with this design was to match their new porch addition. I can't even enjoy my backyard with that eyesore. It's a matter of taste, and hopefully we can resolve it. I really feel the HOA had no right to give permission without asking how we felt first and showing us their plans. We could of easily settled this and put up a taller fence without lattice if they talked to us. If they had enough sense to submit plans to the HOA, then they should of talked to us before taking any action.
10-25-2008, 10:28 AM
7,742 posts, read
15,128,422 times
Reputation: 4295
Quote:
Originally Posted by
jeffnandy
I'm a little upset with a neighbor that I share the back fence with. They decided to attach a trellis of 8 feet to the fence we share, without asking my permission. They did ask the HOA we belong to and got approved. Wouldn't you first ask the person you share the fence with, before anyone else? After looking at the survey that was done by the prior owner, we now realize that it's our fence. I also contacted the City of Austin to find out there rules about fencing, and there sending someone in code enforcement to check it out. The only reason for this trellis(made out of lattice) is for privacy. It also put a lot of stress on the fence attaching it to the existing fence. What's my legal recourse for doing this without my permission, and should I get a new survey in my name? If it is discovered that the fence is on our property, do we have a right to push the fence back on the property line? We have not talked to the neighbor, since they didn't talk to us about doing this first. This was not neighborly at all, and I don't plan on becoming friends with them.
The fence company told me it generally is better to not have a fence right on the property line so there is no dispute about who owns it.
10-25-2008, 10:55 AM
Location: Great State of Texas
86,052 posts, read
84,481,831 times
Reputation: 27720
Quote:
Originally Posted by
Austin97
The fence company told me it generally is better to not have a fence right on the property line so there is no dispute about who owns it.
Same here so my fence that I had put up is inside my property. I don't care that I gave away a few inches of land.
10-25-2008, 04:20 PM
Location: Central Texas
20,958 posts, read
45,404,950 times
Reputation: 24745
When we put up a fence at our house in Austin years ago, we did it WITH the neighbors. (But we weren't in a HOA, so that simplified things enormously.) We got together over dinner and agreed on the type of fence and the fence company, my husband and our neighbor got together and dug up the long row of ornamental bushes that were already there, and got out our surveys and made sure the fence was EXACTLY on the property line. Then we split the cost. Worked for us. Of course, the same neighbor and the people we bought the house from had gotten together and planted a cottonwood tree right on the property line some years before.
10-26-2008, 08:28 AM
673 posts, read
2,717,078 times
Reputation: 421
Be aware that when the neighbor approaches COA for a building permit, this doesn't automatically give you a say in the process. You have two hopes: 1) you can prove to the city that the fence is on your land or 2) the lattice violates a city code for fence structures that exceed the standard height.
Last edited by aaauger; 10-26-2008 at 08:45 AM ..
10-26-2008, 11:03 AM
Location: Circle C
6 posts, read
34,704 times
Reputation: 10
Thank You City of Austin
We did finally get the situation taken care of by the City of Austin. We have a right to protect our property, since we're the one's with the pool. The lattice came down, and a new sturdy 7ft fence went up. You should always talk with neighbors, about your ideas, because they could of saved $2000 when they realized how much I despise lattice. We did pay for the new fence, and they paid us for the extra height. I do believe that the HOA had no right in giving permission to the neighbors, without first talking to us. Our main concern was safety, and felt that lattice would be more fun to climb. I lost quite a bit of respect for the HOA after this problem, and I hope in the future that they will realize, not everyone has the same tastes. They also learned that with our survey, that they didn't even own the fence, that it's totally on our property. For the person not liking your neighbor, if you have a question about the fence, just call the City and they'll clear things up, it may or may not be in your favor though. Sometimes it's worth it just knowing. Good Luck!
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Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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