Legal Question in Real Estate Law in Texas
My neighbor tore down our common fence without my permisson and then proceeded to have her contracters place a new fence. She has sent us the bill and is stating we must half the bill, even though we never expressed permission for the fence removal in the first place. Her argument is that the bylaws of our HOA say that a common fence should be shared in cost. We were not involved or asked at all about the bidding process for a new fence. I believe she is getting the new fence because she is working getting a pool into her backyard.
2 Answers from Attorneys
contact HOA and read your rules...or call a lawyer and pay legal fees..HOA has benefits but this is one of the dangers
It is not a common fence. It is her fence which she placed on the property line. She owns the fence because she purchased it without your consent. A common fence would have been purchased and agreed to jointly.
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