How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55607
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years 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 2 years 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 2 years 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'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. :)

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!