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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7451
Experience:  Just Answer consultant at Self employed
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The fence between my property and my neighbors was knocked

Customer Question

the fence between my property and my neighbors was knocked over. I have the finished side on my side.Who is responsible for getting the fence fixed?
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I live in the Woodland Hills subdivision in Austin Tx. All the houses have fenced yards each sharing a fence with the neighbors. A section between my house and my neighbors was blown down during a storm a few days ago. My neighbor called his land lord and his maintenance guy told him it was my problem because the finished side was facing property.
JA: Is there anything else important you think the Real Estate Lawyer should know?
Customer: the fence laded in their yard.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  legalgems replied 7 months ago.
Thank you for your patience as I researched this.So there is no statute that governs boundary fences; however, based on common law principles of property, the first thing to look at for fence disputes is the following:1. on whose land is the fence located? if it is on one person's property, that person is responsible for the fence, regardless of which way the fence is facing; it is their property, thus they are responsible.2. if it is on both properties (ie a true boundary fence), then generally the courts will do one of 2 things, and it is up to the particular judge: they will look at local custom, and local custom generally has the finished side of the fence facing the neighbor that does not own the fence, so the person who is on the unfinished side is deemed the owner, and they would be responsible. or the court may try to do "justice" - since both parties benefit from the fence, they will order that each party pay 1/2 of the fence; if one party objects, the court may rule that the fence be removed, with each party paying 1/2 the removal cost; then if one party wishes to reconstruct the fence, they would be able to do so, on their land, at their own expense. Since there is no statutory law, the judge is given discretion to make his ruling, so it is impossible to determine how an individual judge will rule but those are the likely outcomes. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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