Help! Landlord/Home Owner Obligations Question

3 Replies

Hey all,

I recently purchased a property in Fort Worth, TX last April. There is a retaining wall and fence that separate my yard from my neighbor's. Both the retaining wall and fence are 20+ years old and need replaced. My neighbor's are actually the renters who have dogs that constantly get out because the fence is in such disrepair. I haven't talked to the landlord yet, but I would like to split the cost and get the fence and retaining wall fixed. I was wondering if anyone on here is familiar with the laws in Texas on who is obligated to fix fences that are used by both parties. Essentially, what are my options if he doesn't want to pay to replace the fence and retaining wall. Thanks for the help!


Who's property is the fence actually on ?  Check the survey from your closing before moving forward. You may not have the ability to do anything or may be 100% responsible 

Lot lines lots of fun.. get a survey not real expensive and figure it out.. you can always construct your own fence on your lot, right along the neighbors.. 

If you have everything on your side of line then you fix you repair and it's yours. 

Start talking with the neighbor, get some bids,,,, I doubt the neighbor cares if his dogs get out or not.. other choice is call animal control. I've seen chain link right along a wood privacy fence.. all depends on what you have the cash to do. 

call your city to find out if any permits are required and ask about fence maintenance,, maybe if it's on neighbors land they can enforce a repair or removal. 

So I contacted the company that performed the survey and they reviewed the area in question. Their response was "The fence appears to be on my property and the railroad tie retaining wall appears to be on the neighbor's property, but runs onto the property line for a portion of the wall." They stated that they won't determine ownership of the wall or fence and usually falls on the original builder. 

With this information, is there anything I can do if the neighbor refuses to fix the retaining wall? 

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