Is it required that2 different subdivisions maintain a “double fence” with an easement between the lots?
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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 13 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.
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