Texas Fence Ordinance
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FAQ
Texas law does not require property owners to obtain a permit for fence construction. However, property owners must comply with local city or county regulations on fence location and setbacks. For example, a fence cannot be built on public property or beyond the property line.
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.
You do not want to be caught by surprise. Under this statute, a person may not remove a fence that is a separating or dividing fence in which the person is a joint owner or that is attached to a fence owned or controlled by another person, absent mutual agreement between the parties.
The location of your fence on your property line determines who owns it. Your fence should not be placed on the property line of your neighbor and your property. It is a shared responsibility. ing to Texas fencing laws, if the fence is on one side of the property lines, it becomes the property owner's property.
There's a common belief that the fence to the left, as you look at your garden, is your responsibility. However, this won't always be the case. The fences themselves may also give you a clue. If the 'good side' faces into your garden, it's usually yours.
Both co-owners are responsible for the maintenance and repair costs of the boundary fence, provided there is a written agreement outlining the division of expenses. If there is no written agreement, the default rule is that each co-owner is responsible for an equal share of the costs.
However, when a fence is built on the boundary line between two properties, it is considered a ?good neighbor fence.? In such cases, the cost of building and maintaining the fence is shared between the property owners.
Texas has no specific laws regarding fences directly on the boundary line between neighbors, though your city or HOA might have more specific instructions. In general, if it's on your side of the property line, you own it.
