Legal Question in Real Estate Law in Texas
My neighbor & I share a fence and it is in poor shape. We want to repair ours, but we are unsure who actually is responsible for the fence. For example, someone told us if the post faces our yard it belongs to us... We cannot find any information to support the statement.
Please Help!
1 Answer from Attorneys
The placement of posts is a personal preference and does not indicate ownership. For example, people with pools may want the posts on the inside to discourage outsiders climbing in. Others may want the posts on the outside to have a smooth surface showing. You would have to research who built and paid for the fence and if it is old enough, you may never find out. The best is to talk to your neighbor and agree. I have lived in places where the fence was mine and another place where it was unknown. When it came time to replace, neighbor and I agreed to place the fence on the property line and share the cost.