My neighbor took my fence!

[VeronicaMarie]

Texas-I have lived in my home for 24 years. The homeowners directly behind us bought their house 16 years ago. A few months ago they decided to take dismantle the fence between our yards without me knowing. It was leaning due to a tree on their property. Yesterday she informed me that she did not plan to replace the fence that she took down. She said that because I have an above ground pool I am required to have a fence around it. She got an estimate to replace the fence for $550 and said that she "might" put $100 towards a new fence. Can she do this? I always felt that both homeowners sharing the fence should split the expense 50/50. What are my options here?

[154NH773]

Generally; If the fence was on her property she can do whatever she wants with it. If the fence was on your property, she illegally took it. If the fence was on the property line, then you will have to research local laws regarding shared fences. Maybe someone on this forum can advise you of that situation.

Depending on the answers to the above; she may or may not have any obligation to share in the cost of the new fence.

Do you have a survey that shows the old fence location? That would be the first thing necessary to determine the various obligations or ownership. You should get a survey if you plan to erect a new fence, and have the corners/or line marked by the surveyor.