Tree on fence line

[charlesp210]

What is the name of your state? Texas

I need to replace the broken wood privacy fence on the boundaries of my property. I'm planning to replace it with a wood-look precast concrete fence which is more expensive but more durable.

Right on the fence line, nearly in a corner, there is a Hackberry tree, which has grown to something like 20 feet high. The fence salesman called it "medium sized". It may last for another decade, but these are not among the most long-lived or desireable trees. Cutting down the tree is a debateable issue, but for now I'm planning to save it because it looks OK and gives nice shade.

The fence will have to be boxed around the tree to save it. In order to do so, however, the fence will have to encroach on my neighbor's property by a few feet. I don't yet know exactly how this is going to be done. Before construction starts, I'm going to contact my neighbor about this, and get them agree in writing that it's OK if I put a few feet on their side in order to save the tree and prevent future damage from tree roots. A couple feet would probably pass for a few years, but I want to move the fence far enough out that it won't ever be in conflict with the tree roots, until ultimately the tree has to come down in 10-30 years. The fence itself has a lifetime warranty. So I'm planning to ask the neighbor to allow me up to 5 feet for this purpose, up to a 5x5 foot "box" from the corner.

The neighbor has said they don't have enough money to split the cost of the fence, even for a cheaper wood fence, but that they might kick in $100-$300. Given that I'm paying $4600, I think they should be happy to allow me up to 5 feet in a corner. This is not a high priced area; I think the appraised value of my entire 100x50 ft lot is close to $5000, and neither of us are doing much with our yards at this time.

When I get an agreement, should it be filed with the city or county? Would it apply to future owners? Is there some distance beyond which the legality becomes more difficult? Is 5 feet asking too much?

I'd be happy to put the fence on the other side of the tree, except that then it will be more difficult for me to have the tree cut down (when that time comes) and also there is a pretty large (about 4x5 foot) power transformer on my lot right behind the tree. In fact, that transformer was just replaced by the power company last year, and while it used to be right next to the tree, the power company has now moved it a few feet back. If I run the fence in between the tree and the transformer, that might not be a very permanent (or even possible now) solution. If I run the fence around the tree AND the transformer, I'd be losing about 10x10 from my yard, and I might get constantly hassed by the power company every time they need to access the transformer (though, in principle, they could then get at it from my neighbor's lot, and they probably have easments on both lots to allow that) since the transformer is on my lot, and therefore I'm sure they will continue to expect to access it from my lot.

I've talked to my neighbor before, and he seems quite agreeable, but I'd like to know what sort of agreement I need to get.

Charles Peterson
San Antonio, TexasWhat is the name of your state?

 

[pojo2]

The neighbor has said they don't have enough money to split the cost of the fence, even for a cheaper wood fence, but that they might kick in $100-$300. Given that I'm paying $4600, I think they should be happy to allow me up to 5 feet in a corner.

You are kidding right? You want THEM to split the cost of YOUR fence. They are stupid for offering you a dime. Thus why should they be happy to allow you 5 foot of property?

I always believe in getting along with my neighbors but your arrogance at thinking you are doing something for THEM leaves me speechless!

Consult and Atty and make sure the agreement is legally binding for generations to come.

 

[Proejo]

The neighbor has said they don't have enough money to split the cost of the fence, even for a cheaper wood fence, but that they might kick in $100-$300. Given that I'm paying $4600, I think they should be happy to allow me up to 5 feet in a corner.

You are kidding right? You want THEM to split the cost of YOUR fence. They are stupid for offering you a dime. Thus why should they be happy to allow you 5 foot of property?

I always believe in getting along with my neighbors but your arrogance at thinking you are doing something for THEM leaves me speechless!

Consult and Atty and make sure the agreement is legally binding for generations to come.

It's very common in Texas to build a common fence on the property line and the property owners share in the upkeep and replacement. You're not out-of-line to seek agreement with your neighbor on a common boundary fence, but barring agreement, you're on your own. Remember, free advice here is free. You get what you pay for. Don't get offended by pojo2 as I've found his answers tend to be caustic and belittling. Remember.. this is a free advice forum. You get what you pay for.

 

[pojo2]

Don't get offended by pojo2 as I've found his answers tend to be caustic and belittling.

He is a she and yes you were told you did not have a clue by all who replied to YOU. In this response you just said my opinion was right unless someone wanted to pay for their neighbors fence there is NO legal requirement.

Going to research Texas law now and see if in fact there are zoning ordinances that dictate fence size and where it can be placed, such as so many inches inside the property line!

I ain't no "HE"!

Edited to correct spelling before I had coffee!

 

[Proejo]

you just said my opinion was right unless someone wanted to pay for their neighbors fence there is NO legal requirement.

Yes, but I said it in a nice way without using testosterone filled vitriol.

You could state your replies and messages in a nice way without use of words like stupid, arrogance, clueless and others. I've read through many of your messages and it seems like you and a few others thrive on flippant and abusive language. If this was your own personal forum, you could rename it www.freeadvicewithacrappyattitude.com. You're obviously a long-time poster, so you may feel empowered to forget to exhibit such traits as humility and sincerity. The reason many people come here is, yes, because maybe they don't have a clue. But calling them that and providing answers that are antagonistic leave me less than impressed with the quality of advice on this forum.

Anyway, good luck in your Texas fence research.

 

[steveatx]

I agree with pojo.

 

[seniorjudge]

It's very common in Texas to build a common fence on the property line and the property owners share in the upkeep and replacement. You're not out-of-line to seek agreement with your neighbor on a common boundary fence, but barring agreement, you're on your own. ...

Many states have case law and statutes to this effect.

 

[xylene]

So Sorry..... Sir!

I ain't no "HE"!

Am I missing something.

Is there an avatar feature on this site I am not seeing. And is it required for that picture to be an accurate and truthful picture.

NO ONE GIVES a pile Buffalo Chips what gender someone is online in this kind of forum.

And for that matter, except in a very limited set of circumstances is in even possible to tell accurately what gender someone is online.

Get over yourself DUDE.


AND


I happen to agree with you.

Save the tree by bowing the fence into your OWN land.

 

[Proejo]

I agree with pojo.

That's okay, too. I don't mind being on the other side of the fence, so to speak, on an issue, but I try to reply in a manner so as not to belittle anyone. Can't say the same about some others here.

 

[bdancer]

That's okay, too. I don't mind being on the other side of the fence, so to speak, on an issue, but I try to reply in a manner so as not to belittle anyone. Can't say the same about some others here.

Perhaps you should go back and re-read the initial post and Ms Pojo's response.

My initial thought was the OP has some nerve wanting 5 feet of his neighbor's property to accommodate his tree. The guy's arrogrance needed some "belittling". While Ms Pojo gets a little blunt sometimes, for the most part, she's pretty mild in comparison to some of the "lawyers" here.

 

[charlesp210]

Update

First, a clarification. I believe existing fences are all on boundaries (as done by the developer). I am offering and planning to replace fences on two of these existing lines. I called this "my" fence as I am shelling out the money to build, but since they are on property lines, as permitted, they are actually "our" fences.

You can call my first post "arrogant" if you like, but actually I think it is pretty generous of me to replace all the fences, for everyone's benefit, at my expense. I am only asking for a contribution which would, at most, be a fraction of my cost. I understand that neither of my neighbors can afford to build a new fence right now, and I want it replaced right now with the best available. They will appreciate the new fence as much as me, even if they can't afford to help pay.

My only intention here is to build a nice looking fence that will last a lifetime, AND to save a tree that may last another decade or two (which also benefits everyone). I'm not particularly interested in getting a few more square feet of property...that just means more need to do mowing, weeding, etc. I already have a 5x5 chunk of land taken up by power company transformer right next to the tree in question.

I have talked to my neighber, and as some of you may have expected (I did too actually) his main interest was in minimizing the amount of fence that needs to go on his property. He liked the idea of getting a new fence, and he also liked the idea of saving the tree. But he wanted to do so by moving the fence the smallest number of inches necessary to clear roots, etc. He also wants to understand the parameters by which the fence posts can be arranged (apparently so he can judge for himself whether the minimum amount.of fence is on his property). Unlike me, he was in fact very concerned about the tiniest loss of land.

Of course, that's entirely his right. I'm not disputing that.

But not only is this going to make the process a little more complicated, it also raises a future risk. The risk is that the fence designer is now going to arrange the fence so as to encroach the minimum amount on my neighbor's property. As a result, the fence will likely be too close to the tree, and in the future, perhaps a decade from now, I will have to pay for both tree removal and fence repair.

Right now, I am getting resigned to this likely fate.

I'd even consider buying the few square feet I'd need to save the tree and the fence from my neighber. Based on the appraised value of the lot (IIRC it's about $5000 / 5000 sq ft) that would only be a few dollars as compared with the $5000 I'm spending on the fence. I'm not even sure if that can be done, and I imagine it would be complicated and (needlessly) difficult to negotiate. In the end, it might simply be cheaper to remove the tree and fix the fence in 15 years.

Unfortunately, as I explained in the original post, there do not appear to be any other reasonable options for fence location. I wouldn't mind having the fence on a "setback" either, but that would mess up the fence lines in my subdivision generally, and it doesn't solve this problem with the tree either because of the power transformer that's in my backyard also. This is a fence line that runs in the middle of the back yards in between two parallel streets, so if the new fence doesn't line up.

Charles

 

[HappyHusband]

First, a clarification. I believe existing fences are all on boundaries (as done by the developer). I am offering and planning to replace fences on two of these existing lines. I called this "my" fence as I am shelling out the money to build, but since they are on property lines, as permitted, they are actually "our" fences.

You can call my first post "arrogant" if you like, but actually I think it is pretty generous of me to replace all the fences, for everyone's benefit, at my expense. I am only asking for a contribution which would, at most, be a fraction of my cost. I understand that neither of my neighbors can afford to build a new fence right now, and I want it replaced right now with the best available. They will appreciate the new fence as much as me, even if they can't afford to help pay.

My only intention here is to build a nice looking fence that will last a lifetime, AND to save a tree that may last another decade or two (which also benefits everyone). I'm not particularly interested in getting a few more square feet of property...that just means more need to do mowing, weeding, etc. I already have a 5x5 chunk of land taken up by power company transformer right next to the tree in question.

I have talked to my neighber, and as some of you may have expected (I did too actually) his main interest was in minimizing the amount of fence that needs to go on his property. He liked the idea of getting a new fence, and he also liked the idea of saving the tree. But he wanted to do so by moving the fence the smallest number of inches necessary to clear roots, etc. He also wants to understand the parameters by which the fence posts can be arranged (apparently so he can judge for himself whether the minimum amount.of fence is on his property). Unlike me, he was in fact very concerned about the tiniest loss of land.

Of course, that's entirely his right. I'm not disputing that.

But not only is this going to make the process a little more complicated, it also raises a future risk. The risk is that the fence designer is now going to arrange the fence so as to encroach the minimum amount on my neighbor's property. As a result, the fence will likely be too close to the tree, and in the future, perhaps a decade from now, I will have to pay for both tree removal and fence repair.

Right now, I am getting resigned to this likely fate.

I'd even consider buying the few square feet I'd need to save the tree and the fence from my neighber. Based on the appraised value of the lot (IIRC it's about $5000 / 5000 sq ft) that would only be a few dollars as compared with the $5000 I'm spending on the fence. I'm not even sure if that can be done, and I imagine it would be complicated and (needlessly) difficult to negotiate. In the end, it might simply be cheaper to remove the tree and fix the fence in 15 years.

Unfortunately, as I explained in the original post, there do not appear to be any other reasonable options for fence location. I wouldn't mind having the fence on a "setback" either, but that would mess up the fence lines in my subdivision generally, and it doesn't solve this problem with the tree either because of the power transformer that's in my backyard also. This is a fence line that runs in the middle of the back yards in between two parallel streets, so if the new fence doesn't line up.

Charles

Why don't you remove the hackberry, build the fence straight (it will look better), and buy some trees and plant them exactly where you want them.

That way, in 10-15 years, you won't need to fix the fence or remove the hackberry, and the trees you planted will be nice and big and in the right location.

 

[Proejo]

Why don't you remove the hackberry, build the fence straight (it will look better), and buy some trees and plant them exactly where you want them.

That way, in 10-15 years, you won't need to fix the fence or remove the hackberry, and the trees you planted will be nice and big and in the right location.

He did state that the tree sits on the fence line, so wouldn't both PO's have to agree and presumably share in the expense of removal? Doesn't sound like the PO next door has the bucks to spare.