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The best way to determine whether a fence is yours or not is by examining where it falls on the property line. If the fence is placed on your side of the property line between your house and your neighbor's, the fence is yours.
Fencing Laws in Texas Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.
The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 10 feet, while the front and back require around 10 20 feet at a minimum.
Unless the deeds specify for the boundary to be maintained, there is no legal requirement for the owner to maintain the wall or fence or to keep hedges tidy. The owner could be liable if the fence or wall causes damage or injury because it has been neglected.
Generally, if a fence is on a property line, it is jointly owned by the neighboring landowners. This may change, however, if one landowner paid to build the fence without any assistance from the other landowner. In that case, the boundary fence is likely the property of the builder.
Determine ownership with title deeds When looking at the plans, ownership is indicated with a T which will mark one side of the boundary. If you can see a H (which is actually two Ts joined together) the boundary is shared by both parties.
Texas does not have a specific state law that addresses boundary line fences.
How to Amend Property LinesTalk to your neighbor to see if she will allow you to purchase enough additional property to move the boundary line to the desired location.Enter into a boundary line agreement.File a court action to establish the property boundaries.More items...
Customers having new fencing installed often ask us exactly where they should position their new fence. Getting it right avoids (potentially costly) disputes over encroachment in the future. As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land.
Boundary FencesLandowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so. If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.