Fence dispute Texas

This is a discussion on Fence dispute Texas within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Hurricane Ike blew down (busted at the the base of the posts) the fencing on the property line between our ...

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Old Jul 11th, 2009, 07:23 PM   #1
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EEK! Fence dispute Texas

Hurricane Ike blew down (busted at the the base of the posts) the fencing on the property line between our house and the neighbor's house...who is responsible for replacing it? Is it an equally shared responsibility? Our neighbor says because we have a play structure we are responsible for maintaining it? Is this true? We are both dog owners as well.
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Old Jul 11th, 2009, 07:28 PM   #2
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Default Re: Fence dispute Texas

Sorry for what has happened here. Generally, in Texas this would be a shared responsibility if it can be resolved amicably. For instance, if you could both agree on a person to do the work you could agree to split the costs of labor and materials. If your neighbor refuses to negotiate, however, I am afraid you would have to resort to the Court to issue a ruling. If you have not already done so, contacting your property insurer would be an excellent place to start. Hope things work out for you. AJJ
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Old Jul 11th, 2009, 08:10 PM   #3
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Default Re: Fence dispute Texas

Thanks for the info. It is my neighbor who is trying to push the burden and costs off on us. She swears she is not responsible and will not stop harassing us to fix the problem. We want nothing more than to split the cost and go about our lives. She has reported us to the HOA and is telling them that we took it down. After the storm we agreed to remove the debris and split the cost since she is single and in her 60's, but now she is trying to find ways to get us to take responsibility like researching property laws and such. She is a Realtor and is looking for loop holes.
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