Fence line ownership

[Texastaxi]

I'm pretty sure this has been discussed before, but I've searched for it, with no luck.

I'm wanting to rebuild my yard fences.

South (left side facing property) neighbor doesn't have any money ... I know I'll be footing the bill on that one, but he isn't giving us any trouble and says do what you want.

North (right side facing property) neighbor says they don't have the money to help. Their property is overgrown, with weeds that are taller than the fence. We'll have to shred, then mow a strip on their property, just to be able to build a new fence. They're also not happy with the type of fence we want to put up.

I thought I'd read on another thread that the right side fence, when looking at the front of the property, was your responsibility. Can anyone confirm that and point me to the Penal code or whatever that states this? I want to make sure I'm within my rights before I start tearing down this fence (it's not much of a fence), cutting their weeds, and building a new fence.

[wes122984]

Is there a hoa? If so fence responsibilities should be in there.


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[BTLowry]

Pretty sure you can't just go mow a strip on their side of the property line without consent.

Out in the country you build right down the property line and generally split cost with neighbor.

[Rick]

Are u putting in a privacy fence? Sounds like your neighbors don't want to help. Just put up a fence on the inside of the current fence, then you don't have to deal with cleanup and teardown costs, let them deal with it. Of course if it is not a privacy fence, that wont work

[southtx]

Just put it on your side of the property line. Why deal with the neighbors?

[powderburner]

http://agrilife.org/texasaglaw/files/2016/08/Five-Strands-for-Download.pdf

Building and Maintaining
a Boundary Fence between Neighbors
Frequently, questions arise regarding how neighboring
landowners must share in the costs of building and
maintaining boundary fences.
A landowner in Texas has no legal obligation to share in the
costs or future maintenance of a fence built by his or her
18
neighbor on the dividing property line, unless he or she has
agreed to do so. The Texas Supreme Court has held that, “if
one proprietor [encloses] his land, putting his fence upon his
line, the owner of the adjacent land may avail himself of the
advantage thereby afforded him of [enclosing] his own land
without incurring any liability to account for the use of his
neighbor’s fence.”20 Even if a boundary fence is destroyed by
natural causes, a neighbor still has no obligation to contribute
toward its reconstruction.21 However, if the neighboring
landowner does not participate in the costs of erecting the fence,
it is not considered a common fence; rather, it is the exclusive
property of the builder.22 Similarly, if a fence is built not on the
property line, but instead on one landowner’s property, then the
fence is also considered exclusive property of that landowner.
If the neighbors agree that each will maintain a portion of the
fence, such agreement is legally binding and can be enforced.

[Greenheadless]

If the finished side is facing you (no horizontal supports or vertical posts) then that should be your fence.

Little nuggets of info for extending life, look at doing metal posts, then make sure you use a substantial sacrificial board along the bottoms.

[Texastaxi]

Is there a hoa?

No HOA

Pretty sure you can't just go mow a strip on their side of the property line without consent.

Out in the country you build right down the property line and generally split cost with neighbor.

That's part of the issue ... neither neighbor seems to have money to help, even though we were just asking for half the materials and we'd provide all the labor.

Are u putting in a privacy fence? Sounds like your neighbors don't want to help. Just put up a fence on the inside of the current fence, then you don't have to deal with cleanup and teardown costs, let them deal with it. Of course if it is not a privacy fence, that wont work

It's not a privacy fence. Field fence with wooden posts, bottom rail, top rail, and top cap.

Just put it on your side of the property line. Why deal with the neighbors?

Because their weeds would eventually just grow up through the new fence. They don't do anything to maintain their side of the fence.

[S-3 Ranch]

Gotta love neighborhood life

http://www.boundary-problems.co.uk/boundary-problems/fences.html#My%20neighbour%20won't%20repair%20his%20fence

[IkemanTX]

Because their weeds would eventually just grow up through the new fence. They don't do anything to maintain their side of the fence.

That’s what herbicides are for. Give the base of the fence a once around 2 times a year and call it done.


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[mpotts]

No HOA


That's part of the issue ... neither neighbor seems to have money to help, even though we were just asking for half the materials and we'd provide all the labor.


It's not a privacy fence. Field fence with wooden posts, bottom rail, top rail, and top cap.


Because their weeds would eventually just grow up through the new fence. They don't do anything to maintain their side of the fence.

Spray round up on your fence if happens to go through the fence and kill some his weeds so be it.

[Briar Friar]

Currently the fence being on the property line is shared ownership. However... a new fence...Set the fence inside your property line...Its yours. Set it on the property line...Its Yalls. Direction has nothing to do with it...in a tract neighborhood.

A top cap in a humid environment will rot relatively quick...thats why all the new neighborhoods run white vinyl. Use treated pine wood and you’ll get what my fencing guy calls “warp city”. Cedar will be your best option if your dead set on a field fence.

Im curious why youd want to look at your neighbors weeds through a field fence? Sounds like they have a great habitat for all kinds of urban/rural interfaced wildlife...that will find their way into your yard. Maybe consider making a barrier fence.

[JhuntsAlot]

No HOA


That's part of the issue ... neither neighbor seems to have money to help, even though we were just asking for half the materials and we'd provide all the labor.


It's not a privacy fence. Field fence with wooden posts, bottom rail, top rail, and top cap.


Because their weeds would eventually just grow up through the new fence. They don't do anything to maintain their side of the fence.

Sounds like you have some great neighbors. lol

If they dont have the money, their time as a go-fer can be just as valuable. If they cant, get a youngster family member.

I can understand you needing the extra room for that type of fence. IMO...if they dont take care of that area and fence, which is what it sounds, they should not have an opinion on the fence type or what it takes to put up a new one. Especially not assisting with cost. Heck, their neglect might be what caused the need to replace it. Again, just IMO



J

[slayr]

I ran into this at my last house, except I was on the other side.

I had a handful of acres and my neighbor had 10. He was putting a couple of horses on his place and was fencing his place. He came to me, asking if I’d like to pay half for the fence bordering my place. Sounds like his fence was similar to what you’re building. The side bordering my property was about 850’ and wasn’t exactly cheap. I had no need or even want for the fence, even though I had no problem with him putting it up (it’s his property anyhow.). I’m not sure he was too happy, but I didn’t pay for any of it, I never had intention on tying into it, had no use for it, therefore didn’t feel obligated to pay for it.

[Texastaxi]

Currently the fence being on the property line is shared ownership. However... a new fence...Set the fence inside your property line...Its yours. Set it on the property line...Its Yalls. Direction has nothing to do with it...in a tract neighborhood.

A top cap in a humid environment will rot relatively quick...thats why all the new neighborhoods run white vinyl. Use treated pine wood and you’ll get what my fencing guy calls “warp city”. Cedar will be your best option if your dead set on a field fence.

Im curious why youd want to look at your neighbors weeds through a field fence? Sounds like they have a great habitat for all kinds of urban/rural interfaced wildlife...that will find their way into your yard. Maybe consider making a barrier fence.

I'm not familiar with a barrier fence. What exactly is that?

Sounds like you have some great neighbors. lol

If they dont have the money, their time as a go-fer can be just as valuable. If they cant, get a youngster family member.

I can understand you needing the extra room for that type of fence. IMO...if they dont take care of that area and fence, which is what it sounds, they should not have an opinion on the fence type or what it takes to put up a new one. Especially not assisting with cost. Heck, their neglect might be what caused the need to replace it. Again, just IMO

The ones with the overgrown land are from Britain. Everyone in the neighborhood calls them the Britiots. They've just recently moved back, from living out of state for over 3 years. We tried to play nice, but they're very difficult people. They're trying to sell part of their property ... we're hoping they sell the whole thing.