Is it required that2 different subdivisions maintain a “double fence” with an easement between the lots?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it required that2 different subdivisions maintain a “double fence” with an easement between the lots?

My house backs up to another subdivision under different HOA guidelines. My neighbor and  have completely different fences that back up to one another. Are we required to maintain a “double fence” or separate fencing?

Asked on April 8, 2011 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every state is different in what it requires to separate 2 subdivisions who abut each other and have homeowner's associations attached to each. Theoretically, these issues should have been resolved when subdivision number 2 was being designed and approved under either or both the applicable planning board and zoning board. In other words, set back requirements would have needed to be addressed, as well as possible issues concerning a double fence or easement and of course, any easements needed from each by local utilities. In Texas, you have restrictive covenants in subdivisions that must be enforced if there are restrictive covenants in place, so that would be the first place to check in the registry of deeds, to see if there are any that make your issue moot. Second, you need to check if the set back requirements would impede on building this common wall. Normally the area between the two fences are just simply easements by use if not already built into one or both subdivision plans. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption