Texas Agreement for Maintenance of Wall Along Common Boundary Between Adjoining Landowners
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FAQ
You do not want to be caught by surprise. Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.
Texas does not have a specific state law that addresses boundary line fences.
Unless the deeds specify for the boundary to be maintained, there is no legal requirement for the owner to maintain the wall or fence or to keep hedges tidy. The owner could be liable if the fence or wall causes damage or injury because it has been neglected.
The best way to determine whether a fence is yours or not is by examining where it falls on the property line. If the fence is placed on your side of the property line between your house and your neighbor's, the fence is yours.
Boundaries can also be changed by a boundary agreement between previous owners. If the boundary line cannot be agreed on the basis of what you can see in the deeds, you and your neighbour may want to consider agreeing to jointly appoint a chartered land surveyor.
If only one neighbor pays for the fence, it is not a common fence but rather the exclusive property of the builder. If neighbors agree to maintain a portion of the fence, this agreement is legally binding and enforceable.
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.
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.
How to Amend Property LinesTalk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location.Enter into a boundary line agreement.File a court action to establish the property boundaries.More items...
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.
