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I live in neartown northwest Houston. Between my house and my neighbors is what must be the original chain link fence (50+ years ago). I've spoken to all three neighbors, and have gotten permission to remove the fence and put up a privacy fence with two of them. Good neighbor and all that assured (I think we're all Texans, and figure we're all going to do it the Texan way, so there's no problem.)
Anyway, the third side is an absentee owner with a renter. This is also the fence in the worst shape. I have spoken to the owner who patently refuses to have the chain link removed. I have offered to pay for the removal, pay for the construction of a new fence to replace it, and to even put the "flats" on her side as well, as long as she pays for the material. This was offered in case aesthetics was the problem.
The neighbor behind her has made an almost identical offer (unbeknownst to me at the time), with the same result.
Some facts: A privacy fence already was in place on my property before Ike. The fence I plan to replace it with will be better looking as well as more structurally sound, so just having the fence there is not the problem.
The privacy fence was fully inside my property lines (constructed by "Good Enough" Fence Company before I moved in) but because of the chain link fence, I had a very difficult time keeping the area between this poorly built fence and the chain link cleared.
Ike took down several trees and large limbs, and fence damage to the chain link is considerable. Removing stumps that had GROWN INTO the fence has further damaged the fence.
Anyway, I now have a fence with holes in the fabric, broken supports, and leaning poles on the property line, and a neighbor who refuses to let me fix it.
What course of action should I take, in your non-legal, non-binding opinions? What shoud I do next?
Second problem, same lady, same border. There is a pine tree that was planted inside my neighbor's land, but has now gone past the fence line (devouring some of the fence fabric inside itself in the process). This tree survived Ike, God be praised, but has lost a lot of limbs on MY side, but not on my neighbors.
So, if it falls, its tendency is to fall toward the neighbor's property. There is a large "twist" near the top that means with a slight wind, it is anybody's guess which way this 60' tall, 4+' diameter tree is going to go when it decides to finally give in to gravity.
I plan to take photographs and call 311 to get the Neighborhood Protection Corps to take a look at it, but since it is now on my property partially at the base, I think I am now a "co-owner" of the tree. This being the case, I want to petition to have it removed, or else to have my neighbor assume complete liability. Structurally, the tree is just biding its time before it makes it's presence known in someone's house. Of course, it is right next to the corner where my master bedroom is located.
The neighbor has also refused any action with this tree. I believe she is unreasonable. Of course, she lives elsewhere, and does not have to live with the constant threat of getting pine siding from heaven delivered any minute.
Suggestions, advice, humorous angles I've overlooked? Anything is welcome at this point. I don't want to take her to court. She is my neighbor. I have offered to do everything, including the payment, to no avail.
Well there is not much you can do about the fence imo since you are asking her to pay part of the cost and she refuses. Your only option there is to pay for the whole thing yourself. If you do I doubt she will complain about the new free fence you provided for her. If the tree is partially rooted on your property then I think you have a claim to partial ownership and can have it removed as a safety hazard. Once again if you pay what is the lady going to do about it. She sounds like a cheap slum lord so I doubt she is going to spend legal fees to sue you for illegal removal of her tree. If she is an absentee landlord you can probable remove the tree and never mention it and she won't even notice.
No, I am NOT asking her to pay part of the cost. I will put up the entire fence at my expense. I offered, in addition, to let her buy the slats, which *I* would install at my expense (she only pays for the cosmetic slats). The fence does not need this, and she needn't pay a penny to have the "back" of the fence toward her.
Her husband is a lawyer, so she will have no fees associated with anything legal. She maintains the property well enough, but for some reason doesn't want a free fence in place of a decrepit, broken down, full-of-holes chain link fence. I find it illogical, to say the least. TWO of her neighbors have made this offer, independently. Both of us received negative replies.
Well in that case it sounds like your screwed. It is her property so she can do what she wants with it ultimately. Something to be said for living in MPCs with strong HoAs that are much maligned on these forums.
Have you considered calling the husband? If they purchased the property after marriage then they jointly own it and he can give permission for the work. Maybe he is more reasonable than she is and maybe not even aware of the issue?
The husband was out walking the property with her after Ike, when I brought this to their attention. My ultimate course of action is going to be to put the fence as close to the line as possible, but fully on my side. If she complains about the weed growth, which I have no intention of even attempting to control, on her side, then I'll put down weed killer/ground sterilizer. That's the best I can do. It is not HER fence. It is OUR fence. It is directly on the property line. I've "heard" that the side the fabric is on determines ownership in that case, but that doesn't sound logical to me. For what it's worth after that last, the fabric of the chain link is on my side.
I would prefer to make things right, and even work with the back-yard neighbor to get the corner post precisely positioned, and supported for all four sections that would be coming from it, but it seems that this difficult woman is just doing this because she can. I can think of no logical reason to turn down two free, new fences. It can only improve her property value. The back fence is nearly as bad as the one on my boundary with her.
First, I would have the property surveyed (skip if this has already been done) as the argument may be a moot point. Next have an arborist out and get it from him in writing that the tree is a danger. Next, I would send her a return receipt letter informing her that you will be removing the fence and the tree (explain that the tree is a danger) after <insert date here> at your own expense and would like her cooperation. Inform her that if you have not received a reply in writing within X number of days (give sufficient time).
If she objects, you may have to give up on the tree but you will have the satisfaction of having notified her that the tree is dangerous making her responsible for any damages caused by the tree. The fence is yours just as much as it is hers (IMHO - but verify w/ attorney) especially once you have it verified by a survey (maybe even more so if it on your property). Notifying her is pretty much a courtesy. Just remember you or your contractors cannot go on her property without permission and all work will have to be done from your side.
The other alternative if she objects is to build your fence inside the chain-link fence (on your property) and send another letter allowing permissive use of the few inches beyond to indicate that you are not giving up the property in any way and preventing her from trying an adverse possession claim at a later date.
Do everything in writing (keep a copy) and document everything include pictures or video.
I would also consult an attorney if she objects in writing.
Last edited by Poltracker; 12-18-2008 at 07:38 AM..
If the chain link is on the property line (the true property line), then is permission really even necessary? AFAIK, there is no law that states who is responsible for what on the property line, it is really who blinks first.
If it is on the property line, I would tear it down and put in a new fence. From an expense standpoint, they would perhaps take you to small claims court and would have to explain the value of a broken chain link fence to a judge. If the husband is worth anything as an attorney, he would likely just tell his wife to say thanks, and move on with their day.
I live in neartown northwest Houston. Between my house and my neighbors is what must be the original chain link fence (50+ years ago). I've spoken to all three neighbors, and have gotten permission to remove the fence and put up a privacy fence with two of them. Good neighbor and all that assured (I think we're all Texans, and figure we're all going to do it the Texan way, so there's no problem.)
Anyway, the third side is an absentee owner with a renter. This is also the fence in the worst shape. I have spoken to the owner who patently refuses to have the chain link removed. I have offered to pay for the removal, pay for the construction of a new fence to replace it, and to even put the "flats" on her side as well, as long as she pays for the material. This was offered in case aesthetics was the problem.
The neighbor behind her has made an almost identical offer (unbeknownst to me at the time), with the same result.
Some facts: A privacy fence already was in place on my property before Ike. The fence I plan to replace it with will be better looking as well as more structurally sound, so just having the fence there is not the problem.
The privacy fence was fully inside my property lines (constructed by "Good Enough" Fence Company before I moved in) but because of the chain link fence, I had a very difficult time keeping the area between this poorly built fence and the chain link cleared.
Ike took down several trees and large limbs, and fence damage to the chain link is considerable. Removing stumps that had GROWN INTO the fence has further damaged the fence.
Anyway, I now have a fence with holes in the fabric, broken supports, and leaning poles on the property line, and a neighbor who refuses to let me fix it.
What course of action should I take, in your non-legal, non-binding opinions? What shoud I do next?
Second problem, same lady, same border. There is a pine tree that was planted inside my neighbor's land, but has now gone past the fence line (devouring some of the fence fabric inside itself in the process). This tree survived Ike, God be praised, but has lost a lot of limbs on MY side, but not on my neighbors.
So, if it falls, its tendency is to fall toward the neighbor's property. There is a large "twist" near the top that means with a slight wind, it is anybody's guess which way this 60' tall, 4+' diameter tree is going to go when it decides to finally give in to gravity.
I plan to take photographs and call 311 to get the Neighborhood Protection Corps to take a look at it, but since it is now on my property partially at the base, I think I am now a "co-owner" of the tree. This being the case, I want to petition to have it removed, or else to have my neighbor assume complete liability. Structurally, the tree is just biding its time before it makes it's presence known in someone's house. Of course, it is right next to the corner where my master bedroom is located.
The neighbor has also refused any action with this tree. I believe she is unreasonable. Of course, she lives elsewhere, and does not have to live with the constant threat of getting pine siding from heaven delivered any minute.
Suggestions, advice, humorous angles I've overlooked? Anything is welcome at this point. I don't want to take her to court. She is my neighbor. I have offered to do everything, including the payment, to no avail.
Well, what I would do on the fence is put it all on your property. You might lose 1 inch of property but if you really want the fence up that should not be a problem.
On the tree, I would make people informed of the situation. I would pay a few bucks for an expert to come in and say whether the tree is in danger of falling. I would then inform the owner of the fact that their 60' pine tree is in danger of falling on a home. If they don't remove it that would probably be negligence and they would be responsible for all damages done by the tree. However, if would be much nicer to just convince the person to remove the tree.
I'll quickly amend--I mean your area's Code Enforcement Officer, not a homeowner's association. CEO's can be surprisingly helpful in dealing with and motivating bad neighbors. Good luck.
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