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Who pays for new fence? Texas

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  • Who pays for new fence? Texas

    We inherited 40 acres that was part of 200 divided, unfenced land. The entire land had one large perimeter fence. Each owners parts were surveyed and deeded. Up until recently all land was used by myself. We leased the adjoining parts. One owner decided to put a fence down the property line and fence off their 40 acres. They hired the workers, selected and purchased the materials and directed the work. The fence is free standing down the property line and not connected to the front and back fence. The owner never submitted cost before starting the work.
    That owner now wants us to pay for half the fence. We didn't want the fence or have any part in the fence. It was their decision. Are we legally obligated to pay for half?

  • #2
    Re: Who pays for new fence? Texas

    I wish to inform you that as fence was put without your consent and there is no legal obligation to have land fenced thus you cannot be held liable for payment of fence. You can inform other party that you can be held liable when there is some agreement or legal compulsion and in this regard as there is no legal compulsion hence you are not liable.



    • #3
      Re: Who pays for new fence? Texas

      Thank you for your reply. Let me elaborate a little more to see if I am still within my rights.

      Originally when the fence was discussed an agreement was made that we would provide the labor (ourselves) and they would purchase the supplies. Then without notice they changed their mind and hired someone to build the fence. Before they started we asked for a quote and were not given one. We said we would see what the cost was and decide what we could pay. Once the work was completed we were given an invoice of total cost. We decided since we were not consulted in the laborers chosen, the fence materials used or where purchased from that we had nothing to do with the fence and have revoked our offer to contribute. We felt if we were to pay for the fence we should have had a say in who to hire and what materials to use.

      The fence does keep our livestock off of their property but they have livestock also.

      Does any of this obligate us legally to pay for the fence?



      • #4
        Re: Who pays for new fence? Texas

        While it is custom in Texas to split fence costs between those it benefits, there's no legal obligation for you to chip in. This holds true even on property where fences are required by deed.


        • #5
          Re: Who pays for new fence? Texas

          You have no obligation to pay for work putting up a fence on the common property line absent an agreement between the two of you to do so -- a 'meeting of the minds' as to how much, the cost, how it would be split, etc.

          There can be no contract and therefore no obligation, written or oral, without a 'meeting of the minds. His unilateral decision to put up the fence, hire others to do the labor makes it all his project. For which he is obligated to pay. .


          • #6
            Re: Who pays for new fence? Texas

            Thank you all for your replies! They were very helpful!


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