Determining Fence Ownership After Fire Damage (TX)

Determining Fence Ownership After Fire Damage (TX)

Member since 2023 · 4 posts · 0 votes

We recently had a fire that damaged our fence, the neighbor's fence, and a portion of what we believed to be a shared fence. We promptly repaired everything except the shared section, providing our neighbor with a quote to split the cost 50/50. At the time, they hadn’t obtained their own estimate.

Now, a month later, the neighbor is claiming that we’re solely responsible for repairing it because the "smooth side" faces our property, implying it’s "our fence." From what I understand, while not a legal requirement, the customary practice is for the smooth side to face outward (not toward the owner). It feels like they’re being difficult, so I’m trying to clarify actual ownership.

I pulled our property plat (attached below) and reviewed the boundary lines—our property is on the left, the neighbor’s on the right. The solid line (which I assume marks the boundary) appears to run just to the left of the wooden fence. Does this confirm the fence is on their

side?

One thing that confused me: The plat includes a note stating, "The survey is hereby accepted with the discrepancies..." Does this mean the map isn’t entirely precise?

Any insights on how to definitively determine fence ownership in this situation? Would a new survey be necessary, or are there other steps I should take? Thanks in advance!

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  • Real Estate Consultant · Remote · Member since 2025 · 48 posts · 21 votes
    1y

    Hey Aydin, that's a shame. The best thing to do in this situation for legal reasons would likely be to have another survey done to clearly determine the boundaries and confirm who's property the fence falls on. This will help avoid either of you getting into a legal battle. Hope that helps a bit. 

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