Legal Question in Real Estate Law in Texas
Texas Property Fence law
My neighbor and I discussed three times replacing the boundary fence. He actually approached me first. Another neighbor called me late one night to tell me our shared fence was being replaced. Did I want to use the same contracter to do the rest of my fence? I agreed. Told the first neighbor. He agreed to pay his half. Now the fence is done and he claims he doesn't have to pay his half becuase he was not a party in the contract I signed with the contractor. Are there any laws to protect me?
1 Answer from Attorneys
Re: Texas Property Fence law
First neighbor orally agreed to pay half, so legally, he owes you half. Your problem is that you have to sue him and convince the judge or jury that he orally agreed to pay half. If he denies it, then it'll be your word against his, and whoever the judge or jury believes will win.
The law is on your side, it's just that without something in writing, it's hard for you to prove.
He is right in the sense that he isn't liable to the contractor, since he didn't sign the contract. However, he is liable to you, because he agreed to pay half the bill. You will probably have to pay the whole bill, then try to get the money from your neighbor.
If you had gone ahead and fixed the fence, then asked him to pay half, he would not have been obligated.
You can probably sue him yourself in small claims or JP court. If the amount he owes is large enough, it may be worth it to you to hire an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
