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

State:
Multi-State
County:
Travis
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.

The Travis Texas Agreement is a legally binding document designed to settle disputes between adjoining landowners regarding the construction and maintenance of fences in the Travis, Texas area. This comprehensive agreement outlines the rights and responsibilities of each party involved to ensure fair resolution and the preservation of property boundaries. Key elements of the Travis Texas Agreement include: 1. Property Description: — Clear identification of the properties involved in the dispute, including accurate legal descriptions and survey information. This provides a foundation for establishing the exact location and extent of the fence in question. 2. Fence Construction and Materials: — Detailed specifications regarding the construction of the fence, including height, type of materials, and aesthetic considerations. This ensures that the fence meets the standards and regulations set by the Travis, Texas county. 3. Cost Allocation: — Provisions for determining the division of expenses related to the construction, repair, and maintenance of the fence. The agreement may outline a proportional sharing of costs based on each landowner's contribution to the fence or other mutually agreed-upon arrangements. 4. Access Rights: — Establishment of access rights for both landowners to perform maintenance on the fence. This includes guidelines on notification, timeframes, and entry restrictions to ensure efficient and respectful maintenance operations. 5. Dispute Resolution: — Clear guidelines on how to resolve any future disputes that may arise between the adjoining landowners, such as mediation or arbitration. The agreement will describe the necessary steps to be followed to ensure a fair and prompt resolution. 6. Term and Termination: — Definition of the duration of the agreement and the conditions or events that may lead to its termination. This section ensures that both parties understand the expectations and requirements over time. Different types of Travis Texas Agreements can be modified based on specific circumstances and concerns, such as: 1. Boundary Disputes: — When landowners are in disagreement over the exact location of the property line on which the fence is to be built or maintained. The agreement may involve the services of a professional surveyor to settle the dispute. 2. Use of Common Materials: — If the fence is to be constructed using shared or higher-cost materials, the agreement can address the allocation of expenses and decision-making processes related to the fence's design and construction. 3. Land Use Restrictions: — In situations where one landowner has land use restrictions, particular considerations can be added to the agreement. For example, if one party has livestock, provisions can be included to ensure the fence is built in a manner that keeps the livestock contained. The Travis Texas Agreement is a vital legal instrument to establish harmony, respect property boundaries, and maintain the beauty and integrity of the Travis, Texas community. It resolves disputes regarding the construction and maintenance of fences between adjoining landowners, fostering peaceful coexistence within the community.

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FAQ

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

After a deluge of petitions and heated debates, the legislature made fence cutting a felony punishable by one to five years in prison.

The landlord is responsible for the property and its impact on the properties around it. They're therefore legally required to have your neighbour remove unwanted items from your fence and repair any damage that may have been caused.

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.

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.

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.

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.

Texas does not have a specific state law that addresses boundary line fences.

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.

Under the Texas Agricultural Code, a person may not remove a fence in which the person is a joint owner or a fence that is attached to a fence controlled by another person, without giving a 6-month notice of the intent to remove the fence in writing.

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