And you would be correct.Of course I know the answer....
And you would be correct.Of course I know the answer....
Wonder if it’s a condition of sale?
What about fraking rabbits chewing thru the bottom of the pickets? Worse than moles or rats.It should be 50/50, if both parties use the fence and it's on the property line. You and the neighbor meet in the middle of the fence line, what's on your right is yours to maintain and same for them. The principle ultimately being shared responsibility. Now if your cows run through a fence or dog chews through the pickets, that's on you to fix.
I had Googled this prior to posting.
Everything I found said what I would have expected in the first place.
I am interested in your Google results, as nothing I found under Texas law addresses who "owns" a shared fence or dictates which side a party gets.
We just replaced ours last year, and while I was lucky that 2/3rds of my neighbors when halves with me, the third wanted to go cheap and I wasn't wasn't having any of that. I finally convinced him to pay about a third of the shared fenceline, but there is no legal requirement for anyone to pay half when one party decides to replace a section of shared fenceline.
The question becomes if one party does indeed bare the entire burden, do they own the fence at that point, i.e. if the unpaid party does any damage to it, do they have legal recourse? It would be a matter for a civil court, and I couldn't find case examples that proved they would.
I know if only one party pays, they do get to say which side faces where.
HOA restrictions not withstanding, ultimately it comes down to what your neighbors agree to do. In discussing it with my neighbors, we agreed the replacement would mirror the original, so the one side where we have posts still has posts, and the other two where we had the "smooth" side is still smooth.
They just tore my 6 foot wood fence down today to replace tomorrow. In doing research about pickets I learned that city codes require (pretty side) if the panels face a street. I have pools on all 3 sides (no pool for me). Texas Swimming Pool laws require the posts (ugly side) must face the pool. They are trying to keep kids from using the horizontal members to jump a fence and get in a pool from neighbors yard. Also, burglars could do the same and get into a house through the back yard. Not sure about the logic concerning who has to repair all or portions of a fence based on (pretty) or (ugly) side. We are just going back on our property line and 2 out of 3 neighbors either can't or won't pay their fair share. So they have the pools and they get the (ugly side).I have a fence with the pickets out because not only does it look nicer to the street but it's hell to climb over from the outside.
I am a believer in cedar pickets and stainless screws. I don't want to have to replace the fence again any time soon.... After they are evicted I'll go back in their yard and replace all the pickets with screws and a pressure treated 2x6 at the bottom.
"Ugly " is not the best description. I should have said "post". I have had the " post" side for the last 15 years on all three sides. That was the way it was built after I moved in. Not sure how many fence contractors follow Texas Swimming Pool regulations with regard to fences.Just recently went half with one of three neighbors. Assume I would do the same with the other two soon. I have the "ugly" side in and have no problem with that.