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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26604
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello Kirk I have two single family homes in Moore OK that

Customer Question

Hello Kirk
I have two single family homes in Moore OK that had fence damage as well as roof damage resulting from the recent tornado. This is about the fence repairs only. I have a property management firm who imediately after the tornado hit Moore, was out and repaired the fences between my rental property and the adjoining homeowners. Problem is that I am being charged by them for the complete fence repair instead of sharing with the adjoining homeowners. I have an insurance claim as I'm sure the other homeowners have because of the large amount of damage to these homes in this area. The fence sits on the boundry line, it is joint owned and thus joint responsibility for all owners of the fences. My understanding this is Oklahoma law regarding fences. I looked it up best I could to verify and that is what I read. I don't know the exact law or statute. I am also not in Oklahoma to deal with this personally. Thanks....R in Phoenix AZ
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - thanks for requesting me. I'll be glad to assist you.

Here's the Oklahoma statute that applies:

R.L.1910, § 6644.

§6070. Boundaries and fences.

Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them.

2. The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwords encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. R.L. 1910 Sec. 6645.

Thus, according to this statute, your neighbor would owe 1/2 of the cost of repair of this fence. If the neighbor refuses to do this, then you would have the right to sue and seek to recover 1/2 of your cost.

Thanks for allowing me to assist you, and if you have any additional questions, please don't hesitate to ask.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26604
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for you help Kirk.

Expert:  Roger replied 1 year ago.
No problem. THANK YOU for allowing me to help! Please let me know if you have any additional questions.

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