Legal Question in Real Estate Law in Texas

Property line fence dispute

I purchased a home 3 month ago, my new neighbor has suggested that I need to pay half for fence he installed prior to my purchase. He has suggested that the fence is inside his property line dn me attaching mt fence to his constitutes that I should pay. Please help.......


Asked on 6/08/09, 10:59 pm

2 Answers from Attorneys

Robert McEwen The McEwen Law Firm

Re: Property line fence dispute

It depends. Texas does not have a law that requires sharing of costs of a fence, but you could still find yourself in court defending against a claim for reimbursement because you both benefit from the fence. It helps that the fence was put up before you bought the house, and there was nothing that you could do either way. Maybe the previous owner had an agreement to share the costs of the fence, in which you might have "inherited" that responsibility, but it does not sound like that.

Another thing: did you (or the previous owner of your house) attach the fence to his? If you get sued then you can cross claim against the previous owner based upon what he agreed to or did.

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Answered on 6/09/09, 9:00 am
Cheryl Rivera Smith The Smith Law Firm

Re: Property line fence dispute

Assuming you did nothing to affect the attachment of the fence or to assume responsiblity to share the fence cost, you have no obligation. You bought the house with the fence in place and as represented by the seller. Neighbor's recourse is against the seller if he wants reimbursement. Any agreement such as this should be made between the neighbors BEFORE a fence is installed.

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Answered on 6/09/09, 9:18 am


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