Q & A Table of Contents
My Fence Came With My House; Do I Have To Fix It?
From: Sue, Waco, Texas
Question: I purchased my house 10 years ago. My builder put up a fence in the back yard. About 1 year later my neighbor moved in. They used one side of my fence to fence in their yard.
Now the fence needs to be replaced. I've just asked my neighbor to share the cost of the common side. He said he wants to do some research first to see if he's responsible for it. He seems to think since I've built it I should maintain it.
I'd like to do some research myself. What's your opinion?
Response: The initial research you should do is to find out what local laws or ordinances say about fences. Where I live, the person who owns the fence is responsible for its upkeep. If the fence falls down, there is not necessarily a responsibility to replace it.
One question you should pursue is whether either you or your neighbor really want the fence. If you don’t care about the fence, most likely you can remove it and forget about it. If your neighbor wants a fence after the existing one disappears, he probably has a right to build a new one within his property boundaries.
You should ask yourself why either person wants a fence: is it for privacy, to block out the unpleasant or uninteresting views of what goes on in your neighbor’s — or your — yard, to keep children or animals from crossing the line, or simply to delineate the boundary between the properties. Are the interests of you or your neighbor better served by a particular kind of barrier? What if you decided to plant a hedge or the kinds of bushes that grow up to shield the view?
What do you or your neighbor have to gain by cooperating on the construction – and ongoing maintenance of a fence? If one party owns the fence, they most likely have the right to maintain it, decorate it, or design a replacement to fit their tastes. It may be wiser of your neighbor to have part ownership to make sure the fence that is erected to replace the existing one is not painted in ugly colors or is easy for pets or children to get through.
Bottom line: first learn about the legal issues involved — local, state, or even the rules of a homeowners’ association if there is one in your neighborhood. Then if you have total freedom regarding the existing fence you can decide whether simply to get rid of it or what kind of replacement you would propose. If your neighbor wants any input on what you do, then he should be prepared to share the cost in order to derive the benefit of getting what he wants.
Good luck,
Steve
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