Pearland, TX asked in Land Use & Zoning and Real Estate Law for Texas

Q: Who is responsible for fixing erosion of land under the perimeter subdivision fence?

I have severe erosion under my rear fence which is the subdivision perimeter. The subdivision was developed 20 years ago and done with improper terracing around the sudivision. I built my house in 2005 through a home builder that bought lots within the subdivision. Of course, when we purchased our homes it was brand new and not an issue until years later. There is literally nothing behind my fence but a drop off into a ditch. The HOA only made matters worst when the replaced the old fence with a new one several years ago.They pulled out the original 4x4s and then dug 5ft to install new ones. My yard, along with every perimeter yard, experiences as much as 1 1/2 ft gap under out fence with no means to fix the problem because of the erosion starts over our property lines and in order to fix the problem, the entire perimeter must be fixed. Who is responsible for this mess? The original developer? How can I get this problem rectified?

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Real Estate Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Sorry, the original developer isn't going to be responsible for something happening 20 years after they finished the development. The HOA may or may not be responsible - review the deed restrictions to determine their authority and responsibilities. It could be that this is something the perimeter owners have to get together to solve.

1 user found this answer helpful

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