Note: ● A fence permit is required to a fence or wall over four (4) feet in height in a required the front yard setback, or over six (6) feet in height when located elsewhere on the property.
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.
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.
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.
The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility.
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.
Texas is an open-range state, but counties may hold elections to become closed range and require livestock to be fenced. Many Texas counties became closed range in the early 1900s. You should check with your county to see what the range law is in your area.
Note: ● A fence permit is required to a fence or wall over four (4) feet in height in a required the front yard setback, or over six (6) feet in height when located elsewhere on the property.