Who Owns the Fence Between Neighbors – Good Neighbor Fences 2024. In Texas, the law generally considers a fence built directly on a property line to be owned by both parties in equal shares, unless there is a written agreement stating otherwise.
Most Texans are quick to note that Texas is an “open range” or a “fence out” state, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. Technically, this is a true statement of the common law in Texas.
Fencing laws in Texas are essential to property ownership, particularly in areas where open-range laws apply. Under these laws, property owners are legally obligated to and maintain a “sufficient fence” to keep stray livestock out of their yards.
Homeowners associations (HOAs) can no longer deny building a fence for security. ing to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property.
Fencing laws in Texas are essential to property ownership, particularly in areas where open-range laws apply. Under these laws, property owners are legally obligated to and maintain a “sufficient fence” to keep stray livestock out of their yards.
While you might want to know how to get around HOA fence rules, there is no way to circumvent these rules. Breaking the rules and regulations of your HOA can result in fines, lawsuits, and other penalties. The best way to navigate a fence dispute is to work with local authorities and be willing to compromise.
You both own it! But if it's entirely on one side of the property line, it belongs to the person on that side, ing to Texas fencing laws. Now, before you get too excited about your fence project, it's a good idea to figure out whether it's going to be a shared fence or not.
Politicians shied from the explosive issue, but on October 15 Governor John Ireland called a special session of the legislature to meet on January 8, 1884. After a deluge of petitions and heated debates, the legislature made fence cutting a felony punishable by one to five years in prison.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
The new law will require that homeowners association policies must include general categories of restrictive covenants for which the association may assess fines, a schedule of fines for each category of violation, and information on hearings.