Neighbor Removed and Replaced my Fence without Permission
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Neighbor Removed and Replaced my Fence without Permission
When my neighbor moved in, about a year ago, I had a fence that my builder put up and my neighbor in an adjacent but different subdivision also had a fence on their yard the property line had 2 fences. My neighbor removed their fence. The neighbor then became dissatisfied with my fence and began a conversation around replacing my fence. They made a verbal suggestion of a quote including splitting the cost. We requested a written detailed quote be emailed to us for consideration and we were also going to research quotes. Then without notice, approval, or delivery of a quote, the neighbor simply removed and replaced my fence. I have text messages that indicate that the neighbor is intending on footing the cost of the replaced fence and the fence is on my property in the same location as the old fence. Do I need to have a concern with regard to property issues revolving around this fence in the future? If this fence is build sub-standard and has issues in the future that perhaps the original fence would not have had, does that become my problem? How should this be addressed/documented, if at all?
Asked on February 16, 2018 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If it was your fence, on your property, the neighbor had NO right to remove it, and replacing it does not make his action legal. He trespassed and he destroyed your property.
Yes, if the fence has any issues with it (e.g. is unsafe in some way and causes an injury, such as by splintering, having any jagged edges, etc.; interferes with drainage in some way that damages your or another's property) and you allow it to stand, you could be liable for those problems: by accepting the fence, you will be liable for what happens with it.
Ask your neighbor to sign a document that in exchange for you not taking legal action over what he did, he will accept full liability for any harm or damage caused by the fence, and also that he acknowledges that his having installed a fence on your property does not give him any claim to any of your property on "his" side of the fence (to make sure he does not later try to claim that by putting a fence on your land, he has taken possession of the land on his side of said fence). If he will not agree to this, you could sue him for a court order requiring that he pay for the removal of the fence he took down, pay the cost for *you* have a fence installed (so you will be in control of what is put in), and also pay for any landscape damage thereby caused.
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