Fence Ownership

[Gaber]

How do you determine what portion of the fence is owned by your neighbor, and what portion is owned by you?

One side I have posts facing my yard, the other side I don't.

I'm needing to replace my pos fence.

[ceyko]

There are a couple of threads on this...

1. In some cases that fence post thing is true, but rarely.
2. Usually it is 50/50 split
3. Best bet is to review your HOA paperwork to know 100% for sure

[Gaber]

There are a couple of threads on this...

1. In some cases that fence post thing is true, but rarely.
2. Usually it is 50/50 split
3. Best bet is to review your HOA paperwork to know 100% for sure

I searched, but couldnt pin point this topic. May have missed it. I'm not in an HOA. I believe I'm going to have to butt a new fence against my neighbors fence. No way he's going to help with costs.

[ceyko]

Yeah, with the crap in this forum it's hard to find anything - even when you know specific words.

However, without an HOA - I do not THINK there is a legal obligation one way or another for a fence at that point. That's more using common sense thinking though than factual knowledge - so I could be wrong.

Typically though either the fence is all yours or theirs. i.e. At my house, I have a fence that I own and my neighbors have their own. We're not responsible for each other's fences.

Edit: Also, I'm 95% sure that most of what was posted in those other threads is HOA based so it would not really apply.

[Gaber]

I share a fence on both sides. I thought I'd check here first. I thought maybe there is a city ordinance on fence ownership. I may check there too.

[SVT Lurch]

Check the city, but also check your property survey to make sure the fence is actually on the property line.

[ceyko]

I share a fence on both sides. I thought I'd check here first. I thought maybe there is a city ordinance on fence ownership. I may check there too.

Curious, just for my own - what city/county?

[Gaber]

Curious, just for my own - what city/county?

I'm in McKinney/Collin. I called the City, and they basically said I can't make my neighbor help with the expense.

[bard]

Well there you go. If they don't want to pony up, then tough shit. Of course you could probably paint your fence any freakin color combo you want (on their side only of course).

[Shaggin Wagon]

Check the city, but also check your property survey to make sure the fence is actually on the property line.

I had the same question and I did this. I checked the survey when I bought the house. The post "in" is bullshit. Its either in your line, on the line or in theirs. I found that one side is mine and the other is right on the line, so we share it. They may not know it, but we share it.

[ceyko]

What is sad, is that as a neighbor who benefits from the fence - they should be willing to at least help with what they can...assuming it is one fence for both properties.

[Lone Sailor]

Step 1: Don't bother contacting your HOA. That's a complete waste of time. They don't care, they just want your money.
Step 2: Get a survey done if you don't have one or your current survey is several years old
Step 3: Make a string line the length of the property, from stake to stake
Step 4: Show neighbor what's up
Step 5: If fence is on your side then do what you want
Step 6: If the fence is on neighbor's side tell them to fix their POS fence before you call him in for a code violation
Step 7: If neighbor balks, revert back to step 4.
Step 8: If the fence is on your side and the neighbor doesn't like the fence you're installing on your property then kindly tell neighbor to build their own fence, and once again revert back to step 4.


In all seriousness, get a survey, and run the string line. That shit doesn't lie and it's what the law would use if there were a dispute about the property line or the fence.

[juiceweezl]

Well there you go. If they don't want to pony up, then tough shit. Of course you could probably paint your fence any freakin color combo you want (on their side only of course).

This is what I'd do. Paint the fence bright pink on their side only if they don't want to help with the cost.

[Real Estate Nate]

Step 1: Don't bother contacting your HOA. That's a complete waste of time. They don't care, they just want your money.
Step 2: Get a survey done if you don't have one or your current survey is several years old
Step 3: Make a string line the length of the property, from stake to stake
Step 4: Show neighbor what's up
Step 5: If fence is on your side then do what you want
Step 6: If the fence is on neighbor's side tell them to fix their POS fence before you call him in for a code violation
Step 7: If neighbor balks, revert back to step 4.
Step 8: If the fence is on your side and the neighbor doesn't like the fence you're installing on your property then kindly tell neighbor to build their own fence, and once again revert back to step 4.


In all seriousness, get a survey, and run the string line. That shit doesn't lie and it's what the law would use if there were a dispute about the property line or the fence.

In regard to step 1. if you don't follow the guidlines you will be spending money until it is done right so I highly suggest you follow their rules and makes sure things are up to code. If you don't have an HOA then you won't need to worry about this.

I've seen them not give resale surtificates because a fence was inproperly contstructed and you need an HOA resale cert in order to transfer ownership so someone always has to poney up at the end of the day : P

[Lone Sailor]

In regard to step 1. if you don't follow the guidlines you will be spending money until it is done right so I highly suggest you follow their rules and makes sure things are up to code. If you don't have an HOA then you won't need to worry about this.

I've seen them not give resale surtificates because a fence was inproperly contstructed and you need an HOA resale cert in order to transfer ownership so someone always has to poney up at the end of the day : P

My advise is solely based on him asking about how to determine where the property line is, not specifics on what type of fence is approved, etc.