Legal Question in Real Estate Law in Texas

shared fence

my fence is shared on both sides and back, was destryed in recent storm, I had it replaced, 2 neighbors have paid their portion of costs to replace, 1 refuses. What can I do? Can a lein be filed? If they have no responsilbility can I paint the fence any color I choose even tho part of the fence faces their back yard?


Asked on 5/18/07, 7:28 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: shared fence

If you built the fence, it's your fence. You had the right to build a fence on your property, right up to the property line. Your neighbor has no legal duty to pay for the fence that you built, unless perhaps that neighbor orally had agreed to pay for it before you built it.

It's your fence, and you can paint it any color you want, so long as you aren't violating any deed restrictions or homeowners association rules in your neighborhood.

This answer may change if there is something in your deed restrictions or homeowners association rules requiring a fence. If there were some legal obligation for a fence to be there, rather than just your and your other neighbors' shared wish for a fence to be there, perhaps you could force him to pay for his share of the work you did.

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Answered on 5/21/07, 10:15 am


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