And you would be correct.
Backyard fence.
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Oldbluered
Active Member
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.
As an example, say that I built the fence 12 years ago.
The empty lot behind me was purchased, and a house built.
According to the contractor, since the pickets of MY fence, are on the outside, the new homeowner needs to repair it.
The empty lot behind me was purchased, and a house built.
According to the contractor, since the pickets of MY fence, are on the outside, the new homeowner needs to repair it.
Unless you want to pay for half the fence, why bother?
Our HOA documents clearly define who is responsible for which fence, to include those fences adjacent to common areas owned by the association as a whole.
But those rules go out window when adjacent property owners come to an agreement on their own.
Our HOA documents clearly define who is responsible for which fence, to include those fences adjacent to common areas owned by the association as a whole.
But those rules go out window when adjacent property owners come to an agreement on their own.
I agree it sounds absurd. Are the rules actually in some type of code from the city, county or HOA? Or is it just the contractors word? Just curious as if it was in a code, that would help with neighbors that don't want to pitch in.
Had a neighbor that was replacing pickets, I said hey I'll chip in and split the picket cost. Ike blew through and knocked all the fences down. I replaced the one between us and he didn't pitch in a dime for labor or materials...oh well.
Had a neighbor that was replacing pickets, I said hey I'll chip in and split the picket cost. Ike blew through and knocked all the fences down. I replaced the one between us and he didn't pitch in a dime for labor or materials...oh well.
That's possible, but I don't think it was.
Even so, it wasn't the sellers fence (in my mind) anyway.
What about fraking rabbits chewing thru the bottom of the pickets? Worse than moles or rats.
The neighbor behind me is either sick old or an ass. We have rabbits that chew thru the bottom picket of every fence in the neighborhood. I have dogs so they chew thru more as an escape route. I just patch my side cause the picket side on the north and east fence faces the neighbors. I have went to the east side neighbor a half dozen times and even left notes saying I will fix it and incur all cost if they let me in their yard. The never answer the door or notes. On top of the rabbit issue they only put one nail per picket and when the wind blows.. what sucks is the landlord built a new fence on the east side before we moved in. I guess the neighbors didn't like the poles on their side causd shortly after we moved in I woke up to no fence and them digging new holes. No notice or nothing. Idiots tore down a brand new fence. So I guess them ignoring me fits their profile.
The neighbor to the north is getting foreclosed on so they aren't willing to help. 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.
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.
Sorry, maybe I worded it wrong.
I didn't find anything about someone owning the "good" side, either.
I just meant, I found exactly what I expected to find.
And, I don't consider my backyard fence "shared".
The neighbors behind us have ZERO fence around their house.
The honorable thing is to consider the fence to be 50/50. If it has to be replaced, you meet, agree to who is doing it, and split the cost.
Having said that, I had one neighbor who decided not to reimburse me after the fence was replaced. He was less than honorable about damn near everything he did, and his wife was a nasty piece of work as well. Couldn't have been happier to see them move away. The people who bought their house found more than one "shortcut" on repairs in it that cost them quite a bit. They considered suing, but eventually wrote it off to a learning experience: Check the house over carefully before buying.
Having said that, I had one neighbor who decided not to reimburse me after the fence was replaced. He was less than honorable about damn near everything he did, and his wife was a nasty piece of work as well. Couldn't have been happier to see them move away. The people who bought their house found more than one "shortcut" on repairs in it that cost them quite a bit. They considered suing, but eventually wrote it off to a learning experience: Check the house over carefully before buying.
My first fence was a 3 rail corral fence with sandwiched dog wire about 4' up from the ground.
'On' my property line - I paid for it - I kept it maintained.
Then after time passed, I had it torn down and replaced with a really nice all metal fence.
This one I also fully paid for and quite expensive..
Any neighbor claiming he has any right to it would be dreaming......
'On' my property line - I paid for it - I kept it maintained.
Then after time passed, I had it torn down and replaced with a really nice all metal fence.
This one I also fully paid for and quite expensive..
Any neighbor claiming he has any right to it would be dreaming......
Surplus Guy
Active Member
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).
Surplus Guy
Active Member
"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.
