Question about fence issue (Point: lawyer, home, neighborhood)

[Azure110]

I have a new neighbor on one side of me whom I have only met once (just the wife) when their obnoxious, always barking dog broke through the fence into my yard and she had to knock on my door to come get it.

It is an old fence that I attempted several times to have replaced with previous neighbor but she didn't want to do it.

Long story short, I came home to find they installed a new fence without talking to me first. I have no experience dealing with this kind of situation but it would seem like there would need to be some kind of mutual agreement between two neighbors before an old fence is torn down and a new one is put up.

If the new fence matched the old fence then I probably would let it slide (maybe) but it is where all the boards are facing their property, leaving me with the view of the outside.

What I will probably do first is approach them about this but will need a day or two to cool off. I have lived in the neighborhood for about 14 years now and this is the first time I have had to deal with neighbors like this.

Point of this thread is I am seeking advice of how to approach the neighbors over an issue like this? This is what I want to do before taking other avenues to resolve this issue because that fence is not staying there like they put it. The fence is only two days old at the time of this posting.

If anyone has any lawyer recommendations in case I have to go that route, please DM me.

[TexasRedneck]

Waste of time and money to discuss w/an attorney. Unless the fence was installed on YOUR deeded property, they're within their legal rights. Consider that they didn't request that you contribute a dime to the fence - they likely think they were doing the "right" thing since it's their dog breaking through the fence. Rather than being upset, I'd have a discussion w/them based on gratitude/appreciation. If it bothers you that much, just install another fence alongside it to your liking.....just be prepared for sticker shock - the price of lumber has gone through the roof.

[Cuero]

Sounds like you're looking for a problem where there isn't one. Neighbor took care of the fence and paid for it. You should be grateful. Take your neighbor some treats or a bucket of adult beverages as a thank you.

[txtea]

How would you have wanted the fence done differently?

[Azure110]

Originally Posted by TexasRedneck

Waste of time and money to discuss w/an attorney. Unless the fence was installed on YOUR deeded property, they're within their legal rights. Consider that they didn't request that you contribute a dime to the fence - they likely think they were doing the "right" thing since it's their dog breaking through the fence. Rather than being upset, I'd have a discussion w/them based on gratitude/appreciation. If it bothers you that much, just install another fence alongside it to your liking.....just be prepared for sticker shock - the price of lumber has gone through the roof.

I figured it would be a waste of time to go the attorney route.

The original fence was not theirs solely to take down without speaking a word to me about it first. You seem to be telling me that is acceptable as long they pay for the whole fence. The workmanship of the fence is not pretty either so I am not feeling that appreciative.

[Azure110]

Originally Posted by txtea

How would you have wanted the fence done differently?

I just wanted a fence that doesn't look like a 5 year old installed and of the original style or close to it.

I would have gladly paid half cost for a professional to install a new fence. (something I tried to do with the previous owner but she didn't even want the old one torn down to start with).

[txtea]

Originally Posted by Azure110

I just wanted a fence that doesn't look like a 5 year old installed and of the original style or close to it.

I would have gladly paid half cost for a professional to install a new fence. (something I tried to do with the previous owner but she didn't even want the old one torn down to start with).

Well, at this point, as long as the support posts are sturdy, can't you install boards on your side however you want them to look? Like Red was saying, it ain't cheap, but at least you can have the fence look like you want it to on your side.

[Azure110]

Originally Posted by txtea

Well, at this point, as long as the support posts are sturdy, can't you install boards on your side however you want them to look? Like Red was saying, it ain't cheap, but at least you can have the fence look like you want it to on your side.

That may be the best route. As I said, I was willing to share fence costs so this is kind of the same route I suppose. Just a little crappy they never approached me before tearing the old one down. Previous neighbor would have had a major fit if I did that to her.

[ged_782]

Fences are usually constructed on one side of the property line or the other, but not right on it. The appearance or "good" side is usually facing the owner's side, as installation & replacement of pickets needs to take place on the owner's side of the property. A fence directly over the line is just asking for trouble in the future, as now the fence is 50/50 owned by the property owners on either side, regardless of who paid for it in the first place. What if the owner on one side wants a new one, but the other doesn't? Who breaks the stalemate?

If the new fence was placed on the neighbor's side of the property line, then they own it 100%, and you would have to put up something else on your side, if you don't like it. If it splits the property line, then you are half owner, and could probably attach appearance-grade pickets on your side. If the fence is 100% on your side, then it's yours (regardless of who paid to put it up), and you can do what you want with it.

Can you confirm where the new fence has been placed relative to the property line? Any surveyor's stakes still there, or can the corner pins be located? If not, may need the services of a surveyor. Not sure if all that would be worth it, though. Maybe best to just let it be.

[Azure110]

Originally Posted by ged_782

Can you confirm where the new fence has been placed relative to the property line? Any surveyor's stakes still there, or can the corner pins be located? If not, may need the services of a surveyor. Not sure if all that would be worth it, though. Maybe best to just let it be.

The fence sits on top of a retaining wall made of concrete. It is like the fence posts were installed when the concrete was poured many years ago...way before I moved in. It is not like they moved the posts as those are still original and the only original part left of the original fence.

The "good side" is on their side of course.

This is not a property line dispute and it never was.