Fort Worth, TX asked in Real Estate Law for Texas

Q: If two properties share a fence, which home owner is responsible for maintenance of the fence?

During my initial walkthrough I was told that the fence is the property line. I was also told That any portion of the fence in which the support poles faced my property is my responsibility to maintain. Is there legal backing for this statement?

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1 Lawyer Answer

A: Unless there is a covenant of some sort with the other property owner, or applicable building codes and the like, you have no responsibility to maintain the fence. Who told you that maintenance is your responsibility? I would ask that person to document that statement with a copy of any such covenant, contract, deed restriction, etc.

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