Dallas Texas Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence

State:
Multi-State
County:
Dallas
Control #:
US-01177BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

When looking at the plans, the ownership is indicated by a T marked on the plans on one side of a boundary. If the T is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.

It is important to know that your neighbours are not legally obliged to fix or replace a fence, unless it is causing a safety issue. If you find yourself in the unfortunate position where your neighbours are refusing to take any action on their damaged fence, a final option may be to erect a new fence on your own land.

Who pays for damaged fences? Normally, the householder who owns the fence is responsible for maintaining and repairing it. However, if any damage is caused to your fence by your neighbours, then it's their responsibility to meet the costs of putting the problem right.

If the fence falls to one side of the property line, it is wholly owned by the property owner whose side it's on, according to Texas fencing laws.

Landowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so. If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.

The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility.

Normally, the householder who owns the fence is responsible for maintaining and repairing it. However, if any damage is caused to your fence by your neighbours, then it's their responsibility to meet the costs of putting the problem right.

Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.

There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any 'rules' you've heard previously that state otherwise not everyone will own the left-hand side of their fence.

More info

Tions and legal issues that arise in a landlord-tenant relationship. Have you been victimized in any way as a tenant in a rental property?Did you take legal action against your landlord? Contract administration. Clear agreement, in writing, with the adjoining owner or you have obtained a court order. ; purchasing and contract management policy, ch. Existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this. Filled in accordance with Section 372. The role of the Dispute Settlement Centre of Victoria .

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Dallas Texas Agreement Settling a Dispute Between Adjoining Landowner Regarding Construction and Maintenance of a Fence