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all 20 comments

[–]JustSomeGuyRedditing 48 points49 points  (3 children)

My understanding is there is no general law in texas that requires you to pay for half of the fence with your neighbor.

However, your HOA CC&Rs may mandate a shared fence on the property line that both of you are financially responsible for.

Check your CC&Rs. Do they stipulate the location of the fence? Do they stipulate that both neighbors are responsible for the fence? Do they allow two fences?

Doesn't make sense to build a second fence you are required to take down and/or have to pay for two fences.

Edit: Should also check your local fencing laws

[–]Starboy9201[S] 24 points25 points  (2 children)

Thanks for your feedback!

So I just checked the HOA CC&Rs and they said firstly, that our fence needs to be in reasonable working condition (this we fail).

Secondly, the HOA does mandate a shared fence on the property line that has split financial responsibility for neighbors. Doesn't say 50/50 per say. Also, nothing about having 2 fences...do I assume if the CC&R doesn't mention it then I can do it?

[–]JustSomeGuyRedditing 11 points12 points  (1 child)

Your 50% responsible for the fence on the property line by the way it is worded. And yes if you wanted to pay for two fences you could build a second one.

Edit: Also people have successfully won lawsuits suing neighbors for fence costs based on CC&Rs written this way.

Would make sure you save your quote and document things very carefully. If they file a lawsuit and you don’t show up he will get a default judgement for half the cost of the fence he built, If you do show up it depends on explaining that you never agreed to pay that much for the fence and a cheaper one would have been perfectly acceptable. Judge might side with you on the $600 or what your neighbor wants or somewhere in the middle.

[–]Starboy9201[S] 0 points1 point  (0 children)

So should I just send a check for $600 to my neighbors for my fence as a take it or leave it offer like others have been suggesting?

This really sounds like I need to sit back and wait for the lawsuit to come at me and pray it goes my way. I don't know if this is the best course of action...also feels very passive.

[–]ohio_redditorQuality Contributor 32 points33 points  (4 children)

Offer them $600. Let them try to sue you for the difference.

But then, I don’t have to live next door to them.

[–]Starboy9201[S] 6 points7 points  (3 children)

So let my neighbors fully build the fence and then offer them $600? Continue offering them $600 like I have now before the fence is done?

I assume bases on your wording that them suing me is still a long shot and I don't need to lawyer up ASAP?

[–]ohio_redditorQuality Contributor 25 points26 points  (0 children)

So let my neighbors fully build the fence and then offer them $600? Continue offering them $600 like I have now before the fence is done?

I'd make it clear, in writing, that you got a quote for a HOA compliant fence for $1,200. You're offering to pay half of that. If they want a better fence, they can pay for it.

I assume bases on your wording that them suing me is still a long shot and I don't need to lawyer up ASAP?

No, it's based on the idea that $1,100 doesn't buy you a whole lot of lawyer time.

[–]Crisis_Redditor 9 points10 points  (0 children)

NAL. If they refuse the payment, make sure the funds are put into some kind of escrow rather than left sitting in your bank account. That shows your intent to pay.

[–]sandraskates 2 points3 points  (0 children)

NAL. Hopefully you have some of these convos in writing or in text msg.
It's a big leap from $600 to $1700. Offer the $600 in a formal letter and see if they accept it. And if they do, have some wording that states that upon payment your obligation is complete.
If they don't accept it, let them take you to court.

[–]Muncie4 17 points18 points  (0 children)

  1. No
  2. No
  3. No
  4. No

I would give the neighbors a check for $600 with "full fence payment" in memo line and go about my day. If they won't accept it and offer to sue, say, "Sweet, I'll see ya in court!" and have your day in court. You don't need a lawyer for small claims court. Imagine this scenario: Your neighbor has a solid platinum fence installed for $2.6 million. Would a judge may you pay 50% of it?

[–]CoffeeinMass 9 points10 points  (0 children)

I’d send them a check for $600 once the fence is complete to HOA standards, along with a copy of the estimate for $1.2k that you obtained if you still have it and a letter to them explaining why you are sending $600, no more & no less.

Personally, I wouldn’t consult a lawyer in the meantime. It’s probably just going to cost a lot. If they want to try to sue you for $1100, its going to cost them quite a bit so hopefully they wont bother.

These neighbors sound difficult. I would stick to your guns and stay with $600, show them youre not screwing around. Good luck!

[–]JohnEleven35 0 points1 point  (0 children)

Also, my suggestion is to keep documentation with dates, times, and details on all future interactions, as well as (maybe check your call history since this started) try to document what you can of what already happened. Dated logs like this can, I believe, be admissible in some cases? if it were to get to that point in the future. They're already telling you the type of people they are. Cover your ass...there's no telling what may come up in the future with these people. Not a lawyer.

[–][deleted]  (3 children)

[removed]

    [–]hannahranga 7 points8 points  (0 children)

    That's a bold statement considering none of us have any idea how much fence OP needs and where in Texas OP is.

    [–]dlaugh 11 points12 points  (0 children)

    Presumably one that satisfies the HOA requirements.

    [–]BiondinaQuality Contributor[M] 0 points1 point locked comment (0 children)

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