2006 KJT Website Homepage

KJT Legal Column

By Philip J. Hundl, KJT State Attorney

I look forward to seeing many of you at the State Family Day in June. If you have a legal concern or question regarding a general legal issue, please submit your question to me for consideration in future columns.

Question: I live on a one-acre lot outside of town. There is a fence between my land and my neighbor’s one-acre lot. The fence is in fair condition and my neighbor insists that we must tear the fence down, construct a new fence and share the costs because a fence must “mark the property line” between our two lots. The cost to build a new fence will be expensive and I would rather not pay. Do I have to pay for part of the fence?

First, is the fence on your land or your neighbor’s land? If the fence is on your land, the fence belongs to you and you can do with the fence as you wish. However, the cost of reconstructing “your” fence would actually be wholly your expense

. If the fence is on your neighbor’s land, then the fence belongs to your neighbor and you would not be responsible for any of the costs to reconstruct the fence.

Generally, there is no requirement to “mark” a property line with a fence. There are several exceptions. A property owner may be required to fence his or her property by the terms of deed restrictions in housing developments or owner’s deed with restrictive covenants.

For example, the owner of a roadway easement may be contractually bound to keep and maintain a fence to restrict animals from wandering onto the roadway.

Typically, there is no duty or requirement for a landowner or occupier of a tract of land to create and maintain a fence. However, there are often local ordinances or laws (stock laws) that require animal owners to erect and maintain fences to prevent livestock from straying off the owners’ premises. Stock laws vary county to county. Failure to restrain an animal in violation of a local stock law may result in the animal owner’s being liable for harm caused if the animal trespasses on a neighbor’s property or otherwise causes harm.

Finally, be aware that there are other fencing laws or ordinances to take into consideration. Many municipal or county ordinances require that property containing an uncovered swimming pool must be fenced for the safety of those entering the property.

Philip J. Hundl is State Attorney for the KJT and a shareholder in the law firm of Wadler, Perches, Hundl and Kerlick in Wharton, Texas. State Attorney’s note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Submit your questions for this column via email to phundl@wphk-law.com or via U.S. mail to Wadler, Perches, Hundl and Kerlick, Philip J. Hundl, KJT State Attorney c/o KJT Legal Column, 101 W. Burleson Street, Wharton, Texas 77488.




	Home President Spiritual Advisor State Officers Insurance Marketing Director Sales Representatives Life Insurance Events Calendar Culture Benefits Forms Contact Us Activity Center Links		KJT Legal Column By Philip J. Hundl, KJT State Attorney I look forward to seeing many of you at the State Family Day in June. If you have a legal concern or question regarding a general legal issue, please submit your question to me for consideration in future columns. Question: I live on a one-acre lot outside of town. There is a fence between my land and my neighbor’s one-acre lot. The fence is in fair condition and my neighbor insists that we must tear the fence down, construct a new fence and share the costs because a fence must “mark the property line” between our two lots. The cost to build a new fence will be expensive and I would rather not pay. Do I have to pay for part of the fence? First, is the fence on your land or your neighbor’s land? If the fence is on your land, the fence belongs to you and you can do with the fence as you wish. However, the cost of reconstructing “your” fence would actually be wholly your expense . If the fence is on your neighbor’s land, then the fence belongs to your neighbor and you would not be responsible for any of the costs to reconstruct the fence. Generally, there is no requirement to “mark” a property line with a fence. There are several exceptions. A property owner may be required to fence his or her property by the terms of deed restrictions in housing developments or owner’s deed with restrictive covenants. For example, the owner of a roadway easement may be contractually bound to keep and maintain a fence to restrict animals from wandering onto the roadway. Typically, there is no duty or requirement for a landowner or occupier of a tract of land to create and maintain a fence. However, there are often local ordinances or laws (stock laws) that require animal owners to erect and maintain fences to prevent livestock from straying off the owners’ premises. Stock laws vary county to county. Failure to restrain an animal in violation of a local stock law may result in the animal owner’s being liable for harm caused if the animal trespasses on a neighbor’s property or otherwise causes harm. Finally, be aware that there are other fencing laws or ordinances to take into consideration. Many municipal or county ordinances require that property containing an uncovered swimming pool must be fenced for the safety of those entering the property. Philip J. Hundl is State Attorney for the KJT and a shareholder in the law firm of Wadler, Perches, Hundl and Kerlick in Wharton, Texas. State Attorney’s note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Submit your questions for this column via email to phundl@wphk-law.com or via U.S. mail to Wadler, Perches, Hundl and Kerlick, Philip J. Hundl, KJT State Attorney c/o KJT Legal Column, 101 W. Burleson Street, Wharton, Texas 77488.