Another Fence Question

Updated on March 23, 2012
A.G. asks from Mansfield, TX
9 answers

We live on several acres, and have lived on our property for 12 years. When we moved in, our entire property was fenced with a chain-link fence except for the front, which has a solar-powered iron gate. Several years ago, our closest neighbors decided to replace their entire fence with a white fence because their horses were knocking down the chain-link. They didn't ask us to pay for any of it since their horses were causing the damage. They were great neighbors.

Well, their farm was foreclosed on, and their home has been vacant for a year. The horses are still there (someone is caring for the horses), and the horses are now destroying the white fence. On our side, the horses are pushing the fence over, but it's not all the way down. The horses can't get onto our property, yet. On the other side, the fence is completely destroyed in a couple of places.

Here's my question. The house is in horrible shape. I'm wondering if it will ever sell, even though it's a beautiful property. If the fence comes down before it sells, are we going to have to replace the fence, or who do we go to? I don't know who the horses belong to. The family that owned the home before used to board horses. Are the horse owners responsible? I wouldn't think so. Is the bank responsible since they currently own the property? It's going to be extremely expensive since there is so much fence. I wish the house would sell.

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So What Happened?

Sue, the neighbor on the other side has donkeys, and he cares for the horses some of the time, and other times I see people come in to care for them. The horses and donkeys often share pastures. They did even when the previous owners lived there. The horses are still obviously very healthy, or I would have called someone long ago. We're animal lovers, and wouldn't stand by and let them go unattended. I appreciate your concern, though. :)

I don't know why the horses are still there. That has puzzled us all along.

Thanks a bunch! I know it's their fence, on their property, because I remember when they put it up they checked the property line to be sure to put it on their property. You've all been very helpful, as always. :)

Featured Answers

K.I.

answers from Los Angeles on

The bank who own the house is who is responsible at this point.

Good Luck! Sounds like a headache in the making...

2 moms found this helpful

More Answers

J.B.

answers from Houston on

You need to contact the entity that owns the property and have them fix the fence, they will.
Be it a bank or an investment group, there is a responsible party for the property. To find out who exactly may be a little more challenging. If you have realtor friend they can find out. Or go to the courthouse and see who is on the title. Hope this helps...

5 moms found this helpful
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T.V.

answers from New York on

Is it your fence or their fence? I'm thinking it's their fence...

Anyway, do a tax search and find out what bank owns the property. Contact the bank and let them know what's going on. It may take a while, but they will fix it.
I worked for bank as a foreclosure specialist and this used to happen a lot. The bank would send out landscapers, fix nuisance problems, and anything else that was causing problems. My home now was a forclosed property and there was something wrong, I forget, and the bank fixed it. Just let the bank know.

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S.G.

answers from Jacksonville on

The homeowners/bank are responsible for the up keep of the property not you. How where they allowed to keep the horses there if they are no longer living in the home?? The bank will more than likely do nothing to fix the fence.

S.

1 mom found this helpful

J.W.

answers from St. Louis on

It sounds like it is their fence so it is the responsibility of whoever took control of the property. More likely than not the bank is allowing the horses to board, paying the neighbor whatever the arrangement was before and either putting the money toward the loan or who knows what.

You need to find out which bank controls the property because if the fence comes down they will be liable for damages. Once you notify them it is up to them to figure out what they want to do.

So not your responsibility. I would also suggest you don't make repairs to the fence without contacting the bank. By doing that you will assume liability, not something you want to do, ya know?

Wait, is the fence on your property? If so you need to contact the bank and notify them you are taking it down or whatever you intend to do. Since it is containing their animals or the product of their business, they have the responsibility to keep them contained regardless of where the fence is located.

1 mom found this helpful
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J.S.

answers from Columbia on

Ditto Jim (first answer)

1 mom found this helpful
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A.D.

answers from Dallas on

I want to be your neighbor :)

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S.H.

answers from St. Louis on

what I want to know is: who's caring for the horses? Are they just pastured? Have they been abandoned? Time to start finding answers as to ownership of the horses!

As for the fence, contact the police & file a complaint.

1 mom found this helpful
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☆.A.

answers from Pittsburgh on

Well...it's YOUR fence. Even though your generous, previous neighbors replaced it once for you, it's yours. I find it odd that a property that boarded horses would not have it's own secure, fenced pasture.....

Since the horses are damaging your fence, I'd call the non emergency police number and let them figure out who, exactly, is responsible for either relocating the horses or fixing the damage done by the horses.

Take the horses out of the equation and look at it like this: someone is damaging your property.

Good luck!

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