Neighbor's vines damaged my fence

[fence problems]

What is the name of your state (only U.S. law)? Texas

My neighbor has attached trellises and "run wires" to our fence (clearly our fence - installed 12" or more onto our property) and has vines growing on the fence, trellis, and wires. The weight of the vines has separated the fence runners from the posts and last night about 40' of the fence fell, leaving the posts in place. The vines have also grown between the fence slats breaking and loosening the slats.
What recourse do I have as far as having the neighbor remove the vines, trellises, and run wires a repairing the damage caused by his actions?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

My neighbor has attached trellises and "run wires" to our fence (clearly our fence - installed 12" or more onto our property) and has vines growing on the fence, trellis, and wires. The weight of the vines has separated the fence runners from the posts and last night about 40' of the fence fell, leaving the posts in place. The vines have also grown between the fence slats breaking and loosening the slats.
What recourse do I have as far as having the neighbor remove the vines, trellises, and run wires a repairing the damage caused by his actions?What is the name of your state (only U.S. law)?

How long were the trellises in place, and why didn't you object to them previously?

 

[LillianX]

I'm going to assume that you are 100% certain that this is your fence... that you are positive it is on your property, and that you built it. I won't delve into that part, unless you tell me that you didn't build the fence or that you aren't 100% certain (via survey) that this is your fence.

How old is the fence? What is it made of? Is there damage of signs of wear on parts of the fence where your neighbor hasn't been growing and hanging things? Do a thorough examination. While I agree that your neighbor is responsible for repairing damage caused by them, if your fence is older and made of wood, it's quite possible that the damage isn't entirely their fault... especially if you've known about them hanging and growing things on it for awhile and haven't done or said anything about it yet.

You have two issues: How to get it repaired, and how to get them to stop hanging things on your fence.

The very first thing you should do is speak to your neighbor about it. Take photos of the damage from your side of the fence, and go speak to your neighbor about the damage to the fence. If the fence is ONLY damaged on the areas where they were hanging things on it, ask them to repair it. If the fence is damaged or wearing out elsewhere too, I suggest you ask them to split the cost with you.

You should talk to your neighbor before taking legal action, because you have to live next door to them, and I'm sure you'd prefer not to have an adversarial relationship with them.

If you are unable to come to an agreement with your neighbor, you'll have to sue for the reasonable repair costs.

If they won't stop hanging things on your fence, you are free to remove whatever is there and put it in their yard or porch. Don't THROW it over there, just remove it, and place it in their yard, on their property, or on their porch. If the neighbor doesn't agree after you ask them to remove items, I suggest you send a letter, CCR, and ask in writing.

An alternative suggestion is when the fence is repaired, consider placing it closer to the property line if that's allowed in your jurisdiction, and share the fence, and it's maintenance costs, on a more permanent basis.

 

[fence problems]

The fence is wooden and is far from new. It is absolutely on my property according to two different surveys.

It is weathered, but not in dis-repair. There are no other sections in jeopardy of falling - no leaning or pulling away from the posts. The trellises have been there for a couple of years but they shown no sign of damaging the fence. so I was not overly concerned.

I intend to talk with the neighbor about it, but wanted to know where I stand before the conversation. The guy is less than friendly and has never liked the fence. His property has neighbors fences on two sides but he has not fenced the back.

 

[LdiJ]

The fence is wooden and is far from new. It is absolutely on my property according to two different surveys.

It is weathered, but not in dis-repair. There are no other sections in jeopardy of falling - no leaning or pulling away from the posts. The trellises have been there for a couple of years but they shown no sign of damaging the fence. so I was not overly concerned.

I intend to talk with the neighbor about it, but wanted to know where I stand before the conversation. The guy is less than friendly and has never liked the fence. His property has neighbors fences on two sides but he has not fenced the back.

How old is "far from new"? That possibly could make a difference...possibly a significant one.

 

[fence problems]

It is around 20 years old.

 

[HomeGuru]

It is around 20 years old.

**A: Yup, that's far from new.

 

[OHRoadwarrior]

Not much value in a 20 year old wooden fence.

 

[HomeGuru]

I'm going to assume that you are 100% certain that this is your fence... that you are positive it is on your property, and that you built it. I won't delve into that part, unless you tell me that you didn't build the fence or that you aren't 100% certain (via survey) that this is your fence.

How old is the fence? What is it made of? Is there damage of signs of wear on parts of the fence where your neighbor hasn't been growing and hanging things? Do a thorough examination. While I agree that your neighbor is responsible for repairing damage caused by them, if your fence is older and made of wood, it's quite possible that the damage isn't entirely their fault... especially if you've known about them hanging and growing things on it for awhile and haven't done or said anything about it yet.

You have two issues: How to get it repaired, and how to get them to stop hanging things on your fence.

The very first thing you should do is speak to your neighbor about it. Take photos of the damage from your side of the fence, and go speak to your neighbor about the damage to the fence. If the fence is ONLY damaged on the areas where they were hanging things on it, ask them to repair it. If the fence is damaged or wearing out elsewhere too, I suggest you ask them to split the cost with you.

You should talk to your neighbor before taking legal action, because you have to live next door to them, and I'm sure you'd prefer not to have an adversarial relationship with them.

If you are unable to come to an agreement with your neighbor, you'll have to sue for the reasonable repair costs.

If they won't stop hanging things on your fence, you are free to remove whatever is there and put it in their yard or porch. Don't THROW it over there, just remove it, and place it in their yard, on their property, or on their porch. If the neighbor doesn't agree after you ask them to remove items, I suggest you send a letter, CCR, and ask in writing.

An alternative suggestion is when the fence is repaired, consider placing it closer to the property line if that's allowed in your jurisdiction, and share the fence, and it's maintenance costs, on a more permanent basis.

**A: I agree.

 

[Captain Picard]

In this case I don't think the OP has any good claim just due to the fact that she failed to mitigate her damages.