Who Legally Owns The Fence Between Two Houses in Texas?
According to law, who owns the fence between two houses in Texas? And, is this really even a situation? Well, yes. Was in the waiting room of my doctor the other day and this other guy was doing small talk and telling me how he was 'fighting' with his neighbor because of the fence they 'share'. So, I did what most people would do, I googled it. And, here's what came up!
WHO OWNS THE FENCE BETWEEN TWO HOUSES IN TEXAS?
Seems like a pretty simple question, but is it really that simple? According to texasfence.com...
Fence ownership is determined by where your fence lays on the property line.
Okay, so what exactly does that mean?
If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence responsibility.
Wow, so if the fence is right down the middle of the property line, it's a shared fence. Who knew?
HOW DO YOU TELL IF A FENCE IS YOURS OR YOUR NEIGHBOR'S?
You are probably going to have to hire a surveyor if you are not sure whose side the fence is on. And, honestly, one of the only reasons you want to know whose fence the side is on is if the fence is in need of repairs.
IF THE FENCE NEEDS REPAIRING WHO PAYS FOR IT? YOU OR YOUR NEIGHBOR?
Well, if it is a good neighbor then you should be able to talk to them and 'split' the cost. And, for some reason, if you can not come to an agreement then you definitely might need to get a surveyor and see property lines! Because...according to findlaw.com
- If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.
So your neighbor does NOT have to contribute to the fence, but if you do ALL THE REPAIRS then...
- If only one neighbor pays for the fence, it is not a common fence but rather the exclusive property of the builder.
So, if the fence needs repair, you might want to help with the repair cost because if you don't Yeah, it seems that this fence stuff COULD get a little complicated if the FENCE is straight down the property line. Hopefully, you have a COOL neighbor and talk it out before you have to get a lawyer.
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