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Tuesday, April 13, 2021











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Subject: Fence costs
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Author Messages
RaghuramA
(Texas)

Posts:26


03/29/2021 7:49 PM  
With the increase of fence extensions by the residents, we are getting few escalated disputes on the maintenance / repairs of these fences.

Issue is like this:

State : Texas

Resident "A" has the fence provided by the builder. It is towards the garage of his neighbor who is say, Resident "B". As you are aware, the original fences installed by the builder is only upto the garage driveway and the area from driveway to the garage of resident "A" is empty and is treated as an alley between the houses.

Now, resident "B" extended his fence , built an automated gate and connected it with the fence of Resident "A", closed the alley and planted some plants in that area.

Now, resident "A" is complaining that the fence is infected with termites from outside (i.e., the fence facing side facing resident B) and is getting damaged.

Question came up: who is responsible to treat the termites and fix it? Resident "A" who is the actual owner says, that because of those plants on otherside, the fence got termites, the termite holes are also on that side. However, he called his pest control company, but they said since the area is on resident B's side, they are not going to treat it.

Resident B says it is Resident A's fence , hence he is not responsible.

Hope you have dealt with such situations?
Please advise how to deal with these type of issues.
Similar question will come up when the fence is to be replaced in future.


Thanks
RR
MelissaP1
(Alabama)

Posts:10060


03/29/2021 8:15 PM  
I would akin this to how one can cut the limbs of a tree that extend over the property line. The tree may be in the neighbor's yard but you can cut the branches on your side. I would say since owner A owns the fence and has the concern, then they need to pay for it.

It should also be noted that termites tend to go to the easiest place to feed. Which means if they are eating the fence, they are not eating the house...

Former HOA President
BenA2
(Texas)

Posts:846


03/29/2021 8:20 PM  
It sounds to me like this is a dispute between two neighbors. Why would the HOA get involved?
TimB4
(Virginia)

Posts:17531


03/29/2021 9:06 PM  
Obviously, resident a and b came to an agreement at some point in time to allow the fences to be connected. If not, the time to fight would have been then.

It is now, in my opinion, a shared fence.

It is not an HOA issue.
It is an issue between two neighbors.

that said, perhaps Resident A can get permission from Resident B to treat for termites on their property.

Another option would be to replace the fence and not allow connections to other fences (place it 1 or 2 feet from the property line.

Hopefully resident A and B can come to a mutual agreement, otherwise there is likely to be bad blood between the two of them going forward.
TimB4
(Virginia)

Posts:17531


03/29/2021 9:10 PM  
Important:

Per this attorney site:


Landowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so.

If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.

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.




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