My question involves real estate located in the State of: Texas
I bought a house on the edge of a subdivision that has a brick screening wall (built on top of a retaining wall) that sits on the edge of the back border of my property. The survey says that 2 inches sit on my property and 6 inches sit off my property (the 6 inches resides on city property next to a busy road). The builders told the original owners that the wall was common property and was to be maintained by the HOA. I'm confident that the wall was mistakenly built 2 inches on to my property when in fact it was supposed to be built completely on city property. The wall is in need of repair and is a hazard to the busy road behind our property.
In any case, the HOA is claiming that the wall is my responsibility because the covenant states that walls built on owner's property is to be maintained by them. This is a technicality and was not the intent of the builder at the time. There was supposed to be an appendix that included definitions of common property filed with the city, but this was never filed. The rest of the screening walls in the neighborhood are maintained by the HOA.
Additionally, the survey for our home has a 5 foot "wall and drainage" easement on our lot for that wall. This also shows the intent for the wall not to be our responsibility as we wouldn't need a "wall easement" for a wall we owned and were responsible for.
Since most of the wall is on city property, who is responsible?