The Common Law

My 'Eccentric' Neighbor Is Driving Me Crazy

My neighbor's yard looks like the Mekong jungle. I've asked him to get it under control several times, but he hasn't done anything. What can I do?

Your neighbor is most likely in violation of various city ordinances. For example, the city of Austin requires that grass and weeds must be shorter than 12 inches. Property owners are also required to trim overhanging trees so that there is at least 14 feet of clearance at the curb line. You can contact the city (call nonemergency 311) and report the potential violations. The city should investigate, give the property owner notice of noncompliance, and allow for a short period of time to fix the problem. If the problem is not fixed within the allotted time, the city will cut the grass and trim back the trees and then bill the property owner for the work.

The fence between my neighbor's yard and mine is ugly and beat-up. I want to replace it, but my neighbor wants to leave it. Can I replace it on my own?

Assuming a neighborly chat is unsuccessful in resolving the fence problem, the first thing to determine is whether the fence runs along the property boundary line. Location of the fence is important because it determines who has control over the fence. A property owner generally has the ability to fence his property as he sees fit (without causing a nuisance) as long as the fence is on his property. Alternatively, if the fence turns out to be on the neighbor's property, you are most likely stuck with the fence. If the fence runs along the boundary line, the fence belongs to both neighbors, in which case both owners are generally responsible for keeping the fence in good condition, and neither neighbor can remove the fence without permission from the neighbor who shares the fence.

Assuming your neighbor refuses to agree to remove the fence, you could build a second fence on your property to block the view of the ugly fence. If that is not economically feasible, you may be forced to live with it, as there is no law or ordinance that specifically prohibits ugly fences. Simply put, ugly doesn't mean unlawful.