Little Elm, TX asked in Civil Litigation and Small Claims for Texas

Q: The fence shared with neighbor fixed. Agreed to pay half then refused to pay in full. Need legal help

Do u provide small claims legal help

2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: I hope you got the agreement for your neighbor to pay half in writing. If so, you should send them a letter demanding payment within 30 days. If they don't pay after that, you can sue them in small claims court. There is probably no other way to get paid.

You could try to file a mechanics' lien with the county clerk. If they accept it, you then have some leverage.

I hope this helps.

Good Luck!

John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: If there was an agreement, including a verbal agreement, you can sue to enforce the agreement. Emails, text messages, eyewitnesses, etc. may all be helpful in establishing the existence of such an agreement.

In the absence of an agreement, Declarations, Deed Restrictions, and City Ordinances all may require neighboring property owners to share the cost of maintaining a common fence, especially in neighborhoods which require fences and specify where they may or must be placed or what materials they may or must be constructed of.

If you live in a residential neighborhood that is part of a named subdivision and everybody around you has a six-foot wood privacy fence surrounding their backyard up to the rear wall of the house, it is very likely that you and your neighbor are subject to such a Declaration, Deed Restriction, and/or City Ordinance. If some have a fence, others don't, and the fences that are present are made of various materials, it is likely that you and your neighbor are not subject to such a Declaration, Deed Restriction, or City Ordinance.

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