QUESTION
In Texas who is responsible to pay for a joint property line fence?
Asked on Mar 23rd, 2015 on Real Estate - Texas
More details to this question:
I had a survey done, replaced an old fence that was so damaged it could not be used or repaired. New fence is 6" on my side of property line pins. My neighbor refused to do anything or pay for anything. He said they were not interested in a fence, did not need a fence and would not use the fence. Their dead trees are falling on the new fence and destroying it are they responsible for fence damage? Situations have changed and I no longer need a fence there and when I came to remove my fence the neighbor said he is using the fence now and his animals would be in jeopardy if I remove my new fence and put the old fence back up. Does he have to pay for any part of fence if he is now using it? Can he force me to leave my fence on my property paid for by me?
1 ANSWER
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Actually, if the fence is on your side of the property line and you are not legally or contractually obligated to keep the fence, then I believe you can take it down. Further, if trees are falling on your fence, which is totally on your property, then I would think that you can either cut them back or something. I believe there is also an obligation of the tree owner to maintain their trees so that they do not damage your property.
Answered on Mar 24th, 2015 at 8:41 AM