Legal Question in Real Estate Law in Texas

Boundary Fence Question in Texas

Background:

I recently moved into a new subdivision in Texas and I have a fence between my lot and my neighbor to the South which is on the boundaryline of the property. As the subdivision was being built, fences that were already built between properties were used as common fences (i.e. 2 fences were not installed back to back) My nieghbors' house was built before mine so their builder put up the fence between our yards. If no fence was there, my builder would have put one up. (It was included in my price) I actually paid extra to have my fence extended up on the sideyard so that I could use all of my neihbors fence as a boundary. My fence is completely enclosed, wood on all sides except the back which is wrought iron.

Question:

My neighbor wants to remove half of the fence and replace it with a wrought iron fence (same style as my back fence)that you can see through. My neighbors said that they consulted their builder and that he said that since he put up the fence they had paid for it, and they therefore had the right to do what they pleased with the fence. I don't want the fence to change. If they just tear down the fence and put up a wrought iron one what should I do?? Do you know any Texas statues I can quote?


Asked on 4/13/04, 8:11 am

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Boundary Fence Question in Texas

If you wish to discuss this matter, my office is very close to your home. http://www.reasonable-doubt.com You should take a close look at your survey to determine exactly where the fence is located and you may wish to check Euless ordinances to see if a particular type of fence is required. You could let them know that if they replace the fence, you will construct a wooden fence behind their wrought iron fence, thereby defeating their purpose in building a wrought iron fence. However, none of these things are what I would suggest. I would propose that you invite them to dinner (Ti Amo's restaurant at Norwood and Harwood is a good, neighborhood Italian) and discuss fence issues over dinner. Bad blood with the people next door, for both of you, will far outweigh any benefits either of you would reap from this type of fence or that type of fence.

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Answered on 4/13/04, 9:10 am


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