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This is the situation. Our side yard neighbor wants to replace a perfectly decent cedar fence with I guess newer fencing. I'm fine with that. The thing is, since it is a shared fence they're (passively) asking us to chip in. Honestly, we don't want to put out the money now. We have other things that are far more pressing than paying for a shared fence section and the old fencing is not damaged or anything. If anything, the previous owners had replaced their fence before they moved in, so the pickets are newer even though they're weathered. Would it be unreasonable for us to say basically "we're fine with your face replacement, but at this time we decline to contribute as we have other things taking budget priority". We like them well enough as neighbors and try to be neighborly. But I just don't know what to do/think about this.
Thanks!
Who's property is the fence on? If it is on their property, it is their fence and it has nothing to do with you. If the fence is on your property, then it is your fence and you can tell them you aren't interested in having to changed.
We were your neighbors about a month ago. My wife and I wanted to replace an older fence with a nicer one. We talked to the neighbor and they said, sorry we don't have the money to replace. So we paid for it ourselves, we got the fence we wanted and they got a free new fence.
The most neighborly thing you can do is be honest, either we don't have the money to replace or we don't want to spend the money to replace. If they want to replace then that is up to them and as long as you agree on the look, let them pay for it.
I would take dated pictures of the old fence, just in case you have a wacky neighbors who might try to sue you for the other half saying it was broken.
I agree with the bolded statement. Being neighborly comes with maintenance costs....but if nothing is structurally wrong with your fence....I would simply tell them no. But, as suggested document the condition of the existing fence. Cedar fencing is very expensive. My husband estimates that our cedar fence would cost approx. $7000 to replace.
I love my cedar fence and it goes with our 100+ year old home. I have newer neighbors. Last year when they fenced their previously unfenced yard they simply put up the three sides and left my cedar fence alone.
Thank goodness....because they choose a cheap looking pine stockade fence, very ugly and imo doesn't match their old home's style.
Shared fencing is common here, especially since fences were not a requirement when the neighborhood was originally built in the early 80s. There are many who have no fences at all. Whoever purchased the land first had the option of putting up a fence or none at all. I've been told that how it works is that whoever's property has the posts it's their responsibility for fence repairs. (In this case, their side has the posts and the pickets (or the smooth side) face our yard) Most people just work it out though and we'd definitely pay for any repairs and such.
I do appreciate y'all's insight. And yeah, we'll be honest with them and say we can't do that right now. They are welcome to change out the fence and we give permission for their workers to do what they need to do to construct their fence, but we're not going to chip in at this time.
Sounds like it is your neighbors fence from your description....and they want you to share their burden.
Do you have matching fencing along your other yard boundaries? If not, make sure to take pics of that as well....just in case for future defense against them trying to recover their costs.
No I asked you for a law that supports your implication that the neighbor could build and that the OP would be liable. I guess I'll add reading comprehension issues on top of spelling. The OP is not just in any state, the OP is in Texas. You cited a California statute - which has zero relevance where the OP was. Your flame was non-responsive and incompetent as a flame.
More erroneous bluster. Anything to support your claim? Of course not.
I'm licensed to practice law in a few states. The list includes both Texas and California. Are you licensed to practice law anywhere? No? Apparently I am more qualified.
Backpedal much? Go back and read your posts.
Posters that make patently false statements - or posters that try giving [bad and incompetent] legal advice might not like the response they provoke. You probably know something about that.
Then you know that all we are doing is giving opinions. Nobody here can give legal advice nor should any posts be taken as legal advice. If you read it as legal advice that's your problem. At no time should my posts nor yours be taken as legal advice. Even if you are a lawyer. And at no time in any of my posts on this site did I say I was a lawyer. People are free to read or ignore my posts.
So are you giving out free legal advice? OP is free to read it and use it.
Find out whose fence it is. We only "own" two of the three fence lines in our backyard. The neighbor owns the third one. We've replaced our two when necessary, and our neighbor replaces hers when it was necessary.
Shared fencing is common here, especially since fences were not a requirement when the neighborhood was originally built in the early 80s. There are many who have no fences at all. Whoever purchased the land first had the option of putting up a fence or none at all. I've been told that how it works is that whoever's property has the posts it's their responsibility for fence repairs. (In this case, their side has the posts and the pickets (or the smooth side) face our yard) Most people just work it out though and we'd definitely pay for any repairs and such.
I do appreciate y'all's insight. And yeah, we'll be honest with them and say we can't do that right now. They are welcome to change out the fence and we give permission for their workers to do what they need to do to construct their fence, but we're not going to chip in at this time.
Sorry, that isn't shared fencing, it is THEIR fence. That is why the 'good side' faces your yard. Does the fence surround their yard with the good side facing out all around?
Shared fencing would have pickets on both sides and the posts would be on the middle of the property line.
There is no circumstance that you have a legal responsibility to pay anything towards this fence unless you personally damaged it in some way.
Sorry, that isn't shared fencing, it is THEIR fence. That is why the 'good side' faces your yard. Does the fence surround their yard with the good side facing out all around?
Shared fencing would have pickets on both sides and the posts would be on the middle of the property line.
There is no circumstance that you have a legal responsibility to pay anything towards this fence unless you personally damaged it in some way.
Were I the OP I would simply say I do not care to replace what I consider a perfectly good fence but feel free to do it yourself.
There are some styles of fences (shadowbox being the most common) that are identical on each side.
I also live in Texas and had a shared fence. It was a builder installed cheap wood fence that looked bad after seven years. I had a new fence built on my property next to the old fence and did not ask the neighbor for permission or cost. The good part is that the fence posts are on his side. He eventually took down his old fence and is using my fence. Six months ago he called and ask if he could stain my fence on his side, I said sure. Two week ago I had my fence acid washed and stained, it looks great. Tell your neighbor you can’t afford it at this time.
Shared fencing is common here, especially since fences were not a requirement when the neighborhood was originally built in the early 80s. There are many who have no fences at all. Whoever purchased the land first had the option of putting up a fence or none at all. I've been told that how it works is that whoever's property has the posts it's their responsibility for fence repairs. (In this case, their side has the posts and the pickets (or the smooth side) face our yard) Most people just work it out though and we'd definitely pay for any repairs and such.
I do appreciate y'all's insight. And yeah, we'll be honest with them and say we can't do that right now. They are welcome to change out the fence and we give permission for their workers to do what they need to do to construct their fence, but we're not going to chip in at this time.
I think the fact that the posts are on their side is their problem. They probably don't like the look. If that is the issue they may consider nailing pickets on their side of the existing fence to improve the look. Of course, that would be at their cost but I bet it would be at least half the cost of putting up a new fence thereby ending their problem of paying for the whole thing.
This is the situation. Our side yard neighbor wants to replace a perfectly decent cedar fence with I guess newer fencing. I'm fine with that. The thing is, since it is a shared fence they're (passively) asking us to chip in. Honestly, we don't want to put out the money now. We have other things that are far more pressing than paying for a shared fence section and the old fencing is not damaged or anything. If anything, the previous owners had replaced their fence before they moved in, so the pickets are newer even though they're weathered. Would it be unreasonable for us to say basically "we're fine with your face replacement, but at this time we decline to contribute as we have other things taking budget priority". We like them well enough as neighbors and try to be neighborly. But I just don't know what to do/think about this.
Thanks!
People in hell want ice water.
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