Who is Responsible for Fence Repair
A common dispute among neighbors is who owns and is responsible for maintaining the fence between their properties. Texas does not have a specific state law that addresses boundary line fences. Cities or property owner associations often try to regulate things such as fence height, but for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own. fence repair responsibility
One common practice among neighbors to determine the responsibility for repairs and maintenance is the direction of the fence. If the plank side, more commonly known as the pretty side of the fence, is facing you, then you are responsible for it. If you have the post side, also known as the skeleton or ugly side of the fence, you are not responsible for its upkeep. Generally, each property owner will have two sides of their backyard fence to maintain as well as their front fence, up to the property line. If the front fence covers both sides of the property line between owners, homeowners will share the cost of repairs, upkeep, and new fencing when needed. fence repair responsibility
What about in severe weather conditions? Home insurance companies handle extreme weather conditions, a hurricane for example, as a natural disaster and neither neighbor is at fault for the damages incurred. This also includes fallen trees, random objects from a tornado, and more. In this scenario, both homeowners would share the cost of repairing and/or building a new fence. This concept also applied to accidents caused by someone who is not a property owner, police hunts, and more.
However, if a neighbor performs an activity that results in a damaged fence, that neighbor is also responsible for the repairs since their actions lead to partial or full destruction. If the responsible party refuses to repair the damages, you should try to discuss an alternative or other solution. If no agreement is reached, then the issue will need to be resolved in a civil law court.
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