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Old 05-05-2014, 05:58 PM
 
27 posts, read 75,586 times
Reputation: 14

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Me and my neighbor are double fenced on the side we share. Story is when our builder build the fence right on the property line, my neighbor have built another fence for themselves, so we are double fenced. Years ago when we built our 8 foot fence we move it a feet or 2 onto our property so basically it's our fence. And now my neighbor is building his new fence and decided to "share" my fence, so he only need to build a door in the front and the fence in the back to link it onto our fence. He never ask us before the work started. Now my question lis can he do that? Can he use my fence? Or he need to pay half of the cost of where the fence is sharing? Thanks.
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Old 05-05-2014, 06:18 PM
 
Location: NYC
16,062 posts, read 26,734,689 times
Reputation: 24848
Is your fence on your property? From your post I would say yes. If you live in an HOA check the rules.

You can't force your neighbor to pay for something built. However if he put the door on your property, I would make him remove it.
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Old 05-05-2014, 06:25 PM
 
Location: Austin
7,244 posts, read 21,799,366 times
Reputation: 10015
If that fence is on your property, NO they cannot just connect to it. We did that also. We didn't go in 2 feet, which is not a smart thing for you to have done because you've basically just given up your property, but we came in 2 inches. Now, if the neighbors want to connect (they originally agreed to pay half, and then they decided last minute not to), they must pay for their share, and we only lose 2 inches times about 40 feet.

If you allow the neighbor to connect to your fence, you're basically giving them permission to take your property because even though it's legally yours, after so many years, it becomes legally theirs, and anyone they sell the property to. If he wants to use your fence, you need to suggest to him that he either pays for his share, or he fronts the cost to move the fence back to the property line.
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Old 05-05-2014, 06:26 PM
 
277 posts, read 678,188 times
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Did your neighbor hire a fence company to perform the installation? Did the installer mark off the property?
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Old 05-05-2014, 06:42 PM
 
37,315 posts, read 59,832,630 times
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In our area--Hurst or Bedford in Tarrant county--you MUST have a survey in order to do a fence and there has to be permit from the city even if you are putting up a fence to replace one that was already there...not just a new fence on a new lot...

As was pointed out--
you have basically changed your property line by moving your fence away from the property line--
if you want to avoid future problems I think you should spend the money and have your fence moved back to your property line
and your neighbor can't put a door in YOUR fence--at any time...
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Old 05-05-2014, 06:55 PM
 
27 posts, read 75,586 times
Reputation: 14
Quote:
Originally Posted by veuvegirl View Post
Is your fence on your property? From your post I would say yes. If you live in an HOA check the rules.

You can't force your neighbor to pay for something built. However if he put the door on your property, I would make him remove it.
My fence (the one i built couple years ago) is inside my property. And yes we live in a HOA community. I wasn't able to find anything about the rules yet, i might need to call them up tomorrow morning.


Quote:
Originally Posted by FalconheadWest View Post
If that fence is on your property, NO they cannot just connect to it. We did that also. We didn't go in 2 feet, which is not a smart thing for you to have done because you've basically just given up your property, but we came in 2 inches. Now, if the neighbors want to connect (they originally agreed to pay half, and then they decided last minute not to), they must pay for their share, and we only lose 2 inches times about 40 feet.

If you allow the neighbor to connect to your fence, you're basically giving them permission to take your property because even though it's legally yours, after so many years, it becomes legally theirs, and anyone they sell the property to. If he wants to use your fence, you need to suggest to him that he either pays for his share, or he fronts the cost to move the fence back to the property line.
I didn't allow my neighbor to connect. Or else he didn't even ask us. I went home today after work and saw his fence is being taken down and starting to build a new one.

So you are suggesting tore down my fence and build a new one that sit right on top of the property line so to solve any legal matter especially when we need to sell our house in the future?


Quote:
Originally Posted by jcl_cls02 View Post
Did your neighbor hire a fence company to perform the installation? Did the installer mark off the property?
yes my neighbor hire a fence company.

Quote:
Originally Posted by loves2read View Post
In our area--Hurst or Bedford in Tarrant county--you MUST have a survey in order to do a fence and there has to be permit from the city even if you are putting up a fence to replace one that was already there...not just a new fence on a new lot...

As was pointed out--
you have basically changed your property line by moving your fence away from the property line--
if you want to avoid future problems I think you should spend the money and have your fence moved back to your property line
and your neighbor can't put a door in YOUR fence--at any time...
We did get a city permit and HOA approval when we built our fence couple years ago.
Since he is building a new fence, you are also suggesting we tore down our fence and build a new one again? Right on the property line this time?

What if my neighbor still insist he can put a door or part of his fence on my fence?
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Old 05-05-2014, 07:05 PM
 
Location: Austin
7,244 posts, read 21,799,366 times
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Quote:
Originally Posted by ciciria View Post
So you are suggesting tore down my fence and build a new one that sit right on top of the property line so to solve any legal matter especially when we need to sell our house in the future?
You shouldn't have to tear it down. You should be able to easily dismember it from the posts, reset the posts back on your property line, and then reattach the fence. Yes, it will be labor intensive, but significantly less labor than completely rebuilding a fence.
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Old 05-05-2014, 07:15 PM
 
27 posts, read 75,586 times
Reputation: 14
Quote:
Originally Posted by FalconheadWest View Post
You shouldn't have to tear it down. You should be able to easily dismember it from the posts, reset the posts back on your property line, and then reattach the fence. Yes, it will be labor intensive, but significantly less labor than completely rebuilding a fence.
Our fence is combination of board on board with metal pole (8 feet). The metal pole was secured with concrete in the soil. Can ours still dismember by the method you had suggested?
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Old 05-05-2014, 07:27 PM
 
27 posts, read 75,586 times
Reputation: 14
New dilemma! My neighbor's new fence is not going to attach or tie onto my fence. He is just going to have a "loosely piece" standing up. Is that mean i cannot have anything done this point? with him saying he is not going to attach onto my fence and he know it's my fence, i'm pretty sure he will not pay for anything even if i had suggested moving the fence back to the property line and share it to use. I'm so upset now. He's so taking advantage of my 8 foot fence.
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Old 05-05-2014, 07:30 PM
 
Location: NYC
16,062 posts, read 26,734,689 times
Reputation: 24848
Quote:
Originally Posted by ciciria View Post
New dilemma! My neighbor's new fence is not going to attach or tie onto my fence. He is just going to have a "loosely piece" standing up. Is that mean i cannot have anything done this point? with him saying he is not going to attach onto my fence and he know it's my fence, i'm pretty sure he will not pay for anything even if i had suggested moving the fence back to the property line and share it to use. I'm so upset now. He's so taking advantage of my 8 foot fence.
Why are you upset? You didn't want him attaching to your fence, he moved the door, so what do you want him to do?
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