11 Things To Consider Before Installing a New Fence

Fall is a great time to ensure your fence is in top shape before winter arrives. Here are some tips for maintaining your fence in Texas during the fall: Clean Your Fence : Remove any dirt, dust, and debris that may have accumulated over the summer. This helps prevent rot and decay. There’s new techniques rather than pressure washing. We offer these services if interested. Inspect for Damage : Check for any signs of damage, such as cracks, warping, or insect infestations. Address these issues promptly to prevent further deterioration. Check the base of fence posts, especially wood posts. Many homes have builder grade fences that were improperly installed with landscape timbers (rounded on 2 sides/flat on the other 2). Apply a Sealant : Consider applying a cedar sealant with UV protection to protect your fence from the harsh Texas sun and moisture. Clear Leaves and Debris : Rake up fallen leaves and clear any debris around the base of the fence. Leaves can trap moisture, leading to decay and damage. Reinforce and Repair : Make any necessary repairs to ensure your fence remains sturdy. This includes adding screws if your fence was built with nails, replacing damaged boards, and reinforcing weak spots. Inspect your gates: Check your latch spring, spray latches and hinges with silicone spray to help stop them from rusting. By following these tips, you can help prolong the lifespan of your fence and keep it looking great throughout the fall and winter months.

According to texaslawhelp.org Texas has detailed laws that will solve the dispute of who owns the fence regardless of who has the posts or who has the pickets 3.0 FALLING TREES, FLYING LIMBS & RELATED NOISES 3.1 Overview This chapter addresses situations in which natural disasters— heavy rains, high winds, flooding, etc.— cause uprooted trees, broken tree limbs, and other like objects to damage persons or property, including noise during cleanup. 3.2 Most Common Issues/Questions The fence between my property and my neighbor's property is down. Who has to pay to replace it? 3.3 Summary of the Law As a practical matter, the answers to many of the above questions depend on whether the property owners in question have homeowner's insurance. The answers also might vary city to city or county to county as ordinances and local regulations vary and as local municipal departments are at times responsible for cleaning up neighborhoods. As a general rule, compensation may not be obtained for losses, damage, or harm suffered as a result of an act of God, which means an occurrence due directly and exclusively to natural causes without human intervention and which no amount of foresight or care, reasonably exercised, could have prevented (including natural disasters). "[Damages resulting from an act of God are not ordinarily chargeable to anyone." Hutchings v. Anderson, 452 S.W.2d 10, 15 (Tex. App.-Dallas 1970, no writ). There are, however, at least two exceptions to this general rule. The first exception to the "act of God" rule is damage suffered by a homeowner or tenant due to high winds or rain may be covered by an insurance policy, and damage caused by flooding may be covered by a separate flood insurance policy (sold by an insurance agent and overseen by the Federal Emergency Management Agency as part of the National Flood Insurance Program.). The first question, then, is whether the homeowner or tenant has an insurance policy, and the second is, if so, whether the policy covers losses due to the specific kind of damage that has occurred (for example, damage from high winds and rain). A policy may exclude coverage for any losses from disasters altogether or may cover only some types of losses, but not others. In one case, a policy did not mention disasters specifically, but excluded from coverage any losses caused by floods and high water, "whether driven by wind or not." That policy language prompted a fact-intensive inquiry into which damages were caused by rising waters and which were caused by wind-driven rain. National Union Fire Insurance Co. v. Cox, 393 S.W.2d 939 (Tex. App.— Houston 1965, no writ). The second thing to note is that this "act of God" doctrine applies only where a natural disaster or similar act of God is the sole or exclusive cause of the damages. Macedonia Baptist Church v. Gibson, 833 S.W.2d 557, 560 (Tex. App.-Texarkana 1992, writ denied) ("An accident is the result of an act of God when it is due directly and exclusively to natural causes without human intervention."). It does not apply to situations in which negligence has been a substantial contributing cause of the damages, regardless of whether or not the person who is negligent could have reasonably foreseen the disaster or its force. After a homeowner successfully sued to recover for damages caused by a billboard sign that collapsed on her house during Hurricane Alicia in 1983, one Texas court stated: [Conditions created by the defendant's initial negligence must not have run their course and must have actively contributed to the injuries. ... If an actor's conduct is a "substantial factor" in causing harm to another, the fact that he did not foresee nor should have foreseen the extent of the harm or the manner in which it occurred does not preclude liability. Gannett Outdoor Co. of Texas v. Kubeczka, 710 S.W.2d 79, 85 (Tex. App.-Houston [14* Dist.] 1986, no writ (citations omitted). That court found that the billboard company's failure to take "adequate precautionary measures" to secure the sign "actively contributed" to the sign's falling on the house, regardless of whether the force of Hurricane Alicia had been foreseeable. Id. In that regard, a failure to secure objects that can reasonably be expected to be swept up in a disaster likely gives rise to liability. Similarly, the failure to take steps to remove, or at least secure, a diseased or dead tree may well make a homeowner liable for damages if the tree is uprooted by a disaster and damages neighboring property or persons. 3.5 FAQS Q. 3-7 The fence between my property and my neighbor's property is down. Who has to pay to replace it? If a fence is located entirely on your neighbor's property, the fence is considered to be the exclusive property of your neighbor. Consequently, unless you have entered into an enforceable agreement with your neighbor or certain deed restrictions mandate that fences be erected and divide responsibilities among neighbors, you are not obligated to fix the fence on your neighbor's property, nor can you compel your neighbors to fix their fence. On the other hand, if the fence is on your property, it is your responsibility to fix it, though your neighbor cannot compel you to replace the fence. If the fence was originally installed on your neighbor's property but fell on to your property as a result of the storm, you can remove the fence from your property in the same way you can move trees and limbs from your property. If the fence is on the boundary line between both properties, both property owners own the fence as long as both "use" it, unless an agreement indicates otherwise. Thus, you and your neighbor would share the cost of repairing and replacing the fence. Check local ordinances for the applicable definition of "use."

As the weather changes, especially when it gets colder, it’s a good time to check your fence for weaknesses.

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