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Question

We have a common law fence with a neighbor and he wants to replace the fence with a fence 6 inches higher. The quotes we received stated the fence only needed to be repaired and we do not want to replace it. It would make the rest of our fence look bad and we would end up replacing the entire fence. We suggested he put up the whole side of the fence on his side since he wants to replace his entire fence and we would repair our side and be responsible for our own fence. What is Texas law about shared fences?

Submitted: 297 days and 19 hours ago.
Category: Home Improvement
Value: $30
Status: CLOSED
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Posted by Stephen Cutler 297 days and 19 hours ago.

Info Request

Hi and thanks for using JustAnswer.com
You say you have your fence which needs repairing AND you say he has his fence which he is replacing. What is the common fence?

297 days and 19 hours ago.

Reply

It the fence that we both share to separate our backyards. He states he is replacing and we have to pay for replacing it instead of us just repairing. Does that help?

Accepted Answer

<p>Yes. Now it is clear that there is only one fence. That being the case how can you suggest that " he put up the whole side of the fence on his side" and " you would repair your side and be responsible for your own fence" ?</p><p>Assuming its is really only one fence, it is possible that you share fence posts & rails in common, and you each have your own fencing attached to the common posts & rails.</p><p>This being the case, your best bet, to be able to repair your side, is to find out what the deed restrictions have to say about fences. It is highly likely that the existing fence height is MAXimum. Just because the neighbor wants to replace his side with a higher fence does not mean he can.</p><p>If restriction do allow him to go an additional 6", Oh Well. That doesn't mean you have to right now. You can wait until your side does need replacement & use the time to save up for the new fencing.</p><p><strong>I hope that this information was helpful to you. If it was please remember to click "ACCEPT" on your screen to make sure that I am paid for my efforts. By clicking ACCEPT you are not giving up your ability to ask more questions pertaining to this subject, and I will be happy to respond to these as well.</strong> <strong>Please take a moment and leave feedback, it is very important!</strong></p><p> </p>

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Expert: Stephen Cutler
Pos. Feedback: 99.3 %
Accepts: 
Answered: 1/29/2009

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35 years of troubleshooting construction, remodel, component & material failures. What to do next

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