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Neighbor's AC unit in our backyard, who should pay for building the fence?

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Mary1234

Junior Member
What is the name of your state? Texas

We bought a new house in 2000 and at that time, the builder didn't put a fence between our house and our neighbor's house and our neighbor's AC unit is in our backyard. Our neighbor have to get into our yard to check their AC unit and they ask us not to lock the fence. We didn't think it's a problem until recently we want to get a dog and lock the fence since we don't want the dog get out of our yard. Some of the family in our community have the same issue and they get the builder came back to rebuild part of the fence to cut the neighbor's AC unit out even after the warranty(1 year) expired. But when we ask the builder to fix our problem, they said the house already passed the inspection and warranty and they refuse to do it. Is it against the law to put our neighbor's properties in our back yard at the first place? Is it the builder responsible to fix our fence problem? If they refuse, is there anything we can do?

Any input appreciated.

Mary
 


justalayman

Senior Member
Mary1234 said:
And to move it now will cost much much more than just fix the fence.
Since it is the neighbors A/C unit, it is their cost to have it moved.
Tell them they need to have it moved.

or if you are trying to be a nice neighbor and will allow the fence to be made to accomodate the encroachment, tell the neighbors to have the fence made to fit as required. Be sure that there is a written agreement concerning the property on the other side of the fence that is yours. It will help avoid a prescriptive easement or adverse possession issue in the future.
 
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