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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54014
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My townhouse is attached to 2 other townhouses. Each

Customer Question

My townhouse is attached to 2 other townhouses. Each homeowner owns the property underneath the townhouse. The HOA management company keeps sending me warning letters ordering me to paint and maintain the wooden privacy fence between my townhouse and my
neighbor. My problem is that I think this privacy fence sits entirely on my neighbor's property. I don't believe it sits on the property dividing line either. This privacy fence was built to enclose my neighbor's outdoor patio slab. I do not have an outdoor
patio. I have a photo of the fence. I do not want the HOA instructing me to paint a fence that does not sit on my property or on the dividing line. How do I determine if this privacy fence belongs to my neighbor?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? Are there survey stakes on the corners of your property lines? And, I'm presuming that your neighbor put this fence up, is that correct? Thanks.

Customer: replied 1 year ago.
Hi Richard,
I checked but I don't see any survey stakes on the corners of my property lines. Yes, my neighbor built this fence to maintain her privacy when she sits outside on her patio. We have some attached townhomes in our community that have no privacy fences built between them. And I have no problem painting one side of the fence that faces my property but the fence looks like it sits entirely on her property. The fence sits directly under her roof line. I attached a property map but it is hard to tell where the property lines are.
Expert:  Richard replied 1 year ago.

Thanks for your reply. I'm sorry for the delay in responding.....morning run! Thanks for your patience.

You have all the leverage here. You are not going to have to paint any part of this fence. You didn't put this fence up so it's not your responsibility. And, here's the thing. A property line has no dimensions....it's simply an infinitely small line in theory where your property ends and your neighbor's begins. So, it's either on your property or your neighbor's property. If it's on your property, then because it's affixed, it actually becomes your property. If it's on her property, then it belongs to her and is entirely your responsibility. So, if the HOA wants it painted, tell your neighbor to paint the entire fence. Let her know otherwise if she thinks it's on your property, you intend to remove the fence. She'll paint it rather than let you take it down. :)

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