If you own a house, you definitely have a fence around it.
Fences are used not only for protecting our homes and territory from unwelcomed intruders, they also often help to separate our land and property from the land and property of our neighbors.
But what if you notice that the fence you have between your property and the property of your neighbors is damaged?
In this case, who is going to be responsible for the fixing needed?
In this article, we will tell you more about fence damage responsibility.
You are going to learn who is responsible for repairing a fence, and in what cases exactly that responsibility might change.
You will also find out about a few scenarios regarding fence repair responsibility that most homeowners face.
With all that in mind, we hope that it will be easier for you to figure out who is supposed to fix the fence you have in case it happens to be damaged or broken.
And also, you will be able to fix that issue peacefully without becoming enemies with your neighbors!
Who Is Responsible For Fence Repair Between Neighbors?
When it happens that you need to fix a fence, you might have certain issues regarding this if the fence is dividing your property and the property of your neighbors.
Typically, you are responsible for all the maintenance and repairs of the objects that relocated on your land.
However, the fence may be situated not on your land exactly.
And in case of shared property lines, there are often argues between the neighbors regarding who will be fixing the damaged fence.
So when you need to repair a part of your fence or all of it, or the fence needs to be replaced, and that fence is on the property line, the issue of home fence repair responsibility is crucial.
And according to the specialists from the fencing company in Austin, the trickiest thing about this issue is that the answer is not always clear.
There are usually a few different scenarios that can take place depending on your particular situation.
Below, we will go over all of these common scenarios in order to help you figure out which one applies to you:
- The person who installed the fence is typically responsible
- In another scenario, the landowner is responsible
- An HOA contract may include fence repairs
- Both neighbors may have equal responsibility
- The fencing company may be responsible if due to improper installation
See, the general rule of thumb is that the issue of fixing a fence (or replacing it if needed) is typically a responsibility of the person who installed it.
However, as you can see from the list we provided above, that is not always the case.
This is why we suggest you explore each of these scenarios more detailed in order to figure out what your best options are.
Responsibility Falls On The Person Who Installed the Fence
If the fence was installed by the homeowner, it is the homeowners who is typically responsible for any repairs that need to be done.
This includes damage done by weather or animals.
However, if you live in a state that has specific laws regarding fences and their repairs, we suggest you make sure that you are aware of all the nuances and follow the laws accordingly.
In the majority of cases, most homeowners insurance policies do not cover damage caused to fences by weather or by animals. So if your fence experienced any type of this damage, you will need to find a way to fix it.
This is usually done in one of the following ways:
- you can do it all by yourself
- or you can hire someone to do the job for you
If you choose to do all the repair works by yourself, remember to save all your receipts!
In case you choose to hire someone, get quotes from a few different companies.
This will help ensure you are getting the best price and that the job is done right.
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The Landowner May Take Responsibility
There is another scenario when the landowner is responsible for any fence repair on a property line.
This can happen in case the fence is installed on the landowner’s property, not on the shared property line.
If you recognize your situation, there are a few things you should keep in mind:
- You will have to make sure that the fence is installed properly. If it is not and if any damage is caused to it, the fencing company may be responsible.
- You need to make sure that you are aware of any state or local laws that may apply in this case.
See, it often happens that the landowner is responsible for keeping the fence in good condition.
And if the fence falls into any kind of disrepair, the landowner may be fined according to the law.
However, it often happens that you are not quite sure who exactly owns the land the fence is installed on.
In this case, the best thing you can do is to contact your local municipality.
They will be able to help you and give you all the needed advice and guides.
By the way, there you will most likely be able to find the answers to your questions about who is responsible for the fence repair on the property line.
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Check This Issue With Your HOA
If you live in a neighborhood that is HOA-led, there is most likely some sort of contract or an agreement that covers fence repair on a shared property line.
However, as with anything that is related to an HOA, when it comes to repairs, you will want to be sure that you are clear on what your obligations are.
Fortunately, this is quite easy to do. You can check it with your HOA directly, or do this by reading the contract, or even by contacting an attorney.
Like this, you will be able to avoid any issues that might take place.
Many HOA’s will typically take responsibility for the following things:
- Repairing damaged fencing
- Replacing existing fencing
- Reasonable maintenance of fencing
However, we recommend you always keep in mind that the HOA is typically not responsible for things like:
- Deterioration due to age or normal wear and tear
- Improper installation, including damage that occurs because of this
- Homeowner negligence, (breaking it yourself)
Both Parties Can Share Equal Responsibility And Repair Costs
There are cases, when both neighbors may share equal responsibility for fence repair if the fence is located on a shared property line.
This usually happens when both parties have agreed to it.
This sort of co-repairing can take many forms, for example:
- You can work together to fix the problem
- Share the cost of repair equally
- Pay for half each time any damage occurs
Usually, if you and your neighbors have an agreement, you don’t need any formal process.
However, note that, if one of the parties fails to fulfill their part of the obligations, it may be necessary to take legal action!
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Your Fencing Company Can Be Responsible
In some cases, the fencing company that installed your fence can be responsible for its repair on a property line.
This typically happens when they put up the fence and it appears later that it was not done properly.
If damage occurs because of the fencing company’s installation mistake, they may be held liable. Some companies may even offer warranties for their work.
However, we want you to pay attention to the fact that the fencing company is only responsible for damage that occurs while the fence is under their care!
If the fence gets damaged or broken after they are no longer involved, they will not be responsible.
So in case you feel that the cause of an issue is the way the fencing company installed your fence, it is best to get in touch with them.
And if they refuse to help even though it is obvious that they have to, taking legal actions will be needed.
Like this, now you know who is usually responsible for the fence repair if it is located on the shared property.
Since you learned several scenarios and several alternative ways of solving this issue, now you will be able to easily fix this situation should it occur.
What Steps to Take When Your Fence Is Damaged?
Even though you are aware of some general scenarios related to the fence repair issue and you know who might be responsible, it is still not all that should be taken into consideration.
There are some general steps that need to be taken before repairing a fence on a property line:
Determine What Caused the Damage
First of all, it is important that you figure out what was the reason for the fence to get damaged.
If it was clearly done by the person, then it is their responsibility to fix it.
However, if it happened due to improper installation, you need to contact the fencing company.
On the other hand, if you fence was damaged due to regular wear or weather, then you should move on to the next step we described below.
Talk With Your Neighbors
If it wasn’t their fault that your fence was damaged or broken, chances are that you can find a solution that satisfies both parties.
Discuss the damage with your neighbors and see if you can make an agreement on who will take on the repair.
As an alternative solution, you may want to decide to share the burden. If an agreement is impossible to be made, then check with local guidelines.
Check With Your City And/Or HOA
Contact your city hall or the HOA in order to see what the laws say about the fence repair on property lines.
This will help you get a better understanding of who is responsible and what the process may entail.
So, now you are fully informed about who might be responsible for the fence repair if the fence is located on a shared property.
Also, we told you what the most common scenarios are, and how you should act in each case.
In addition, now you know what steps should be anyway taken when you see that the fence is broken or somehow damaged.
All this will help you to regulate the situation peacefully and according to the law.
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