Everything to Know About Fences and Property Lines - Buzz Custom Fence (2024)

Fences near property lines must comply with local zoning requirements. In this article, we’ll discuss everything you need to know about property line rules for fences in Texas.

Fences and Property Line Rules in Texas

Individual cities in Texas usually have their own rules regarding fences and property lines. When figuring out what’s allowed in your area, it’s best to check your city’s ordinances first.

Fence Distance from Property Line

In some cases, a fence or gate may need to be a certain distance back from the property line. Many jurisdictions have laws requiring fences to be set back a certain distance from public roads. Denton, for instance, has a 10 foot setback requirement.

Fence Permits

Fence permits are filed with your city. In most cases, you’ll need to apply for a permit, though the requirements vary with your jurisdiction. Approval is usually fairly quick unless your project happens to be out of the ordinary.

Fence Height

As with other requirements, fence height requirements vary by jurisdiction. Usually, you can’t build as high in front of your property as you can in the back, and if you’re on an intersection, you’ll need to follow certain rules to make sure your fence doesn’t obstruct vision for drivers.

What About Boundary Line Fences?

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. If it’s directly on the property line, then you and your neighbor probably own it jointly.

About Fences Inside Your Property Line

When it comes to fences inside your property line, you’ll be responsible for maintaining it. That includes the area outside the fence up to the property line, so keep that in mind before installation.

Also note that if your neighbor ends up regularly using the space outside your fence, they may be able to claim legal access to it or even ownership.

What to Do Before Building a Fence Near a Property Line

Before building a fence anywhere near a property line, you’ll need to follow some legal steps and best practices.

  1. Consult with an Expert
    First, consult with an expert. Someone who is familiar with fence installation and local zoning laws can help you plan out a fence that complies with all local requirements while guiding you past common pitfalls.
  2. Talk to Your Neighbors
    It’s also worthwhile to talk to your neighbors, especially if you’re building on the boundary line. They’ll share ownership for boundary line fences, which means they’ll need to be on board for it (and probably help pay for it too).That said, even if it’s not on the boundary line, you’ll still want to know their feelings about building a fence near their property in order to prevent disputes in the future.
  3. Get a Boundary Survey
    Knowing where boundaries lie is vital to building a fence near the property line. Surveys can become outdated over time, so getting a boundary survey before starting your project is a good idea. Make sure you choose a surveyor who is experienced in your area (residential, commercial, industrial) and fully insured.
  4. Design a Fence with Local Rules in Mind
    After consulting with experts, your neighbors, and a surveyor, you’ll be prepared to design your fence. Keep local laws in mind when doing so. Again, an expert can help you keep in line with all zoning requirements during the design phase.
  5. Get a Permit
    With a fence design ready, you’ll be prepared to get a permit. Again, this step is often necessary for new fences on residential and commercial properties. There will also typically be a fee, so be ready for that.

FAQs on Fences and Property Lines

  • How close to a property line can I build a fence?
    For property lines between fences, about 2 to 8 inches is a good rule of thumb. However, your city’s rules may vary.
  • Can I build a fence on the property line?
    If your neighbor is okay with it and will help you build and maintain it, it shouldn’t be a problem. Your HOA may have additional requirements regarding boundary line fences, however.
  • Who owns a fence built on a property line in Texas?
    A fence is usually jointly owned by both neighbors if it’s directly on the property line.

Get a Free Estimate from an Expert

If you’re looking to install a fence near your property line, you’ll want someone with expertise to work with you through the design and installation process. At Buzz Custom Fence, we offer free estimates on fences and gates throughout Texas. To get started, get in touch.

Everything to Know About Fences and Property Lines - Buzz Custom Fence (2024)

FAQs

How close to property line can I build a fence? ›

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Can my neighbor build a fence on the property line Texas? ›

Texas does not have a specific state law that addresses boundary line fences.

Do I need a permit to build a fence around my house? ›

You may need to obtain a permit before you're able to build a fence on your property. The height of your potential fence, the location of your property, and where on the property the fence is set to be built will determine if a permit is necessary.

Do I have to give my Neighbour the good side of the fence? ›

If you're the courteous type and enjoy getting along with your neighbours, it would be generous to show the smooth side of the fence towards them, but this is far from being an established convention and there's absolutely no obligation to do so if you don't want to.

Can I build a fence right next to my neighbors fence? ›

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

Can I build a fence next to my Neighbours? ›

Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can I remove neighbors fence on my property in Texas? ›

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.

What is the new fence law in Texas? ›

NEW TEXAS LAW FOR HOMEOWNERS AND HOA'S BEGINNING SEPTEMBER 1, 2022: Senate Bill 1588: Homeowners anywhere in Texas will be allowed to put up a perimeter fence around their property for added security (front, sides, and/or back of homeowner's property).

What can you do if your neighbor encroaches on your property in Texas? ›

Go to court. Show that the land is yours, that your neighbor had no right to use it, and that the court needs to order him or her to remove the encroaching structure. Sell the land to your neighbor.

What is the tallest fence you can put up? ›

Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.

How close to the property line can I build a shed? ›

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.

What is a good neighbor style fence? ›

July 1, 2022 General. A Good Neighbor Fence is a wood privacy fence that divides two properties, where the finished side of the fence (i.e. the more attractive, smooth side) faces the neighbor's property. The homeowner building the fence then has a view of the rails and posts from inside their yard.

What is the good bad side of a fence? ›

Before the fence installation process begins, you need to consider fence placement. In most fence setups, there is a “good” side and a “bad” side. The side of the fence with flat pickets is considered the good side, and the one with the support beams is considered the bad side.

Who has the good side of a fence? ›

Face the finished side of the fence toward your neighbor

The finished side should face toward your neighbor. Not only is this more polite, but it's the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Can my Neighbour attach things to my side of the fence? ›

The short answer is no. As can be seen from the preceding paragraphs a 'Boundary Wall' is owned by two or more land owners, each of which must ask the other for permission to repair or rebuild the wall.

Can you attach a fence to an existing fence? ›

Fence toppers attach to the top of an existing fence to make it taller. That's why they're sometimes referred to as fence extensions. They may be strictly decorative, or increase privacy by adding a solid panel that raises the fence height.

Can someone have access to both sides of the fence How? ›

Yes people can have access to both sides of the fence because some people may get tired of being on one side their whole life. They can have the chance to change sides if they want to because they want to try having different customs then they do in their everyday lives.

Can my Neighbour paint their side of my fence? ›

You can't make changes to your side without their permission, such as painting it.

How do I block out my Neighbours? ›

Although fences and brick walls can do the trick, adding an extra divider, screen or plant barrier can block your neighbor's two-story view for good. To create your secret retreat, freestanding privacy screens, wood slat partitions and partially enclosed pergolas are effective (and nice to look at).

Can I make my fence higher? ›

One of the most popular ways to add height to a fence is to add trellis. A fence topper is an easy choice as it is specifically designed to sit atop your current fence. Most fence toppers are 1ft or 2ft pieces of trellis measuring 6ft in length to fit the whole width of the fence.

Will homeowners anywhere in Texas be allowed to put up a perimeter fence around their property for added security? ›

Homeowners associations (HOAs) can no longer deny building a fence for security. According 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.

Is fence cutting a felony in Texas? ›

January 8th, 1884

On this day in 1884, the state legislature made fence cutting a felony punishable by one to five years in prison.

What are the property line rules in Texas? ›

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. If it's directly on the property line, then you and your neighbor probably own it jointly.

Do you need a permit to replace an existing fence in Texas? ›

All fences require an approved building permit, even if you're replacing an old fence, or panel sections thereof.

How do I legally change my property lines in Texas? ›

How to Amend Property Lines Talk 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.

Who is responsible for replacing a fence in Texas? ›

Your property: If the fence falls on your property, you're responsible for fence repairs. Your neighbor's property: If the fence falls on your neighbor's property, they're responsible for fence repairs. On the property line: If the fence is directly on the property line, it's considered shared property.

What is encroachment law in Texas? ›

Encroachment is very similar to trespass except that a trespass applies to a person making an unauthorized entry onto another's land. An encroachment, on the other hand, applies to a structure or some other physical object that illegally protrudes or invades another's land.

Is it illegal to remove a survey marker in Texas? ›

No person, other than a registered land surveyor registered pursuant to chapter 327, shall knowingly move, remove, deface or destroy any corner of the United States Public Land Survey System, property boundary marker, bench mark or horizontal control monument. The texas in surveys were sent too.

Is it illegal to remove survey pins in Texas? ›

Generally, the answer to that question is YES, it is illegal. Only government officials with a permissible purpose, such as a cadastral land resurvey, should remove or alter permanent survey markers.

Can I have a 7 foot fence? ›

A 7ft panel would be over the standard planning regulations of 6.6 feet and not very popular for this reason. Also, a panel that is 7ft or above can be a pain to transport and handle, and is prone to damage.

Can you have a 8 foot fence? ›

There is no set standard for residential fence height. However, each city has its own fence height regulations that you must adhere to. Common heights for front yard fences are around 3 feet, while common heights for backyard fences are between 6 and 8 feet.

Is 8 foot fence too high? ›

If you're trying to maintain your privacy and keep pets in, the fence around the backyard should be about 6 feet tall. If you're in an area where deer sightings are common, your fence should be about 8 feet tall. A fence around the front yard should typically be at most 4 feet tall.

What's the biggest size shed without permit? ›

The quick and simple answer is: you usually don't need a permit if the shed is 120 square feet or less. In California, most jurisdictions have adopted the 120 square foot rule. If your shed area is larger than 120 square feet, it needs a building permit.

What's the biggest shed without planning permission? ›

Quick summary. As long as your shed is under 2.5m tall at the eaves, situated in your back garden away from property boundaries, and intended for a use that's incidental to the enjoyment of your house, you probably don't need planning permission to build it.

Can you put a shed right next to a fence? ›

The advised place to put your shed is near a paved pathway for easy accessibility. It also helps avoid flooding during the rainy season. In addition, if your shed is close to the fence, the property will be a dump. It is good to consider a space between the two to allow the shed to breathe.

What kind of fence is best for property value? ›

In general, privacy fences made from wood or stone increase property value the most. These types of fences are usually well-built and look attractive, making them a popular choice for those looking to increase their home's value.

What color fence makes your yard look bigger? ›

Garden Tool Box recommends using black for the color of the fence to make your garden feel larger. However, if solid black is too much for your taste, you can also use dark grey or dark brown. Darker colors are better at opening your space because they won't be highlighting the perimeter of your yard.

What is the highest fence you can have between Neighbours? ›

As a general rule of thumb, fencing in your back garden should be no taller than 2 metres high (or about 6.5 feet tall).

What is the hardest part of installing a fence? ›

Gate Installation Issues — One of the most challenging parts of installing your fence is installing the gate. Since gate panels have more moving parts than standard fence panels, they tend to give homeowners trouble.

Should a fence sit on the ground? ›

In most applications, a wood fence should be installed at least two inches off the ground. Your posts and rot boards (if you choose to install them) should be the only fence components that contact the ground. Wood pickets should never touch it.

How close to the property line can you build a fence? ›

How Close To The Property Line Can I Build? Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Should fence posts be inside or outside? ›

Building a Fence Facing the Right Way

If you're building a privacy fence, the standard way is for the smooth, finished side to face neighbors or the street. The side with the rails and posts showing should face the inside.

Do I own the left or right boundary? ›

A: There is no set rule as to which boundaries belong to a property. It is possible that your property is responsible for the left boundary, but it's just as likely that all boundaries are yours.

Can you drill holes in Neighbours fence? ›

No, you can't if it's on the right hand side of the boundary. Whoever put the fence up, if it's on the right hand side, it's legally theirs, so you would have to ask permission. It is only an exception if implicitely stated in the deeds. It is definately THEIR fence, no dispute over that.

Can I put trellis on top of my fence? ›

By fixing trellis to the top of your fence, you can add extra height and privacy without blocking light, and give something for your plants, fruit or veg to grow up. Trellis-topped topped fencing also makes a nice garden boundary.

Can fence panels be higher than posts? ›

Fence panels cannot be higher than fence posts. The fence will experience much more wear and tear than normal if the panels are taller than the posts. Posts should be longer than fence panels because the posts will go into and stick up out of the ground to give the fence support.

What is the good neighbor fence law in Minnesota? ›

Minnesota partition fence law requires neighboring owners or occupants of “improved and used” land to contribute in equal shares to the cost of building and maintaining a partition fence between their lands if either owner wants to fence the land.

What's the law in Indiana on fences? ›

Under Indiana State law there is a specific statute for spite fences, which gives property owners some recourse if the fence is constructed in a malicious way. Fences under the statute cannot have fence height taller than six feet, or be built or maintained in a way that purposefully annoys adjoining landowners.

What are the fence laws in Michigan? ›

Fences do not require a permit to be constructed. Chain-link fences are not allowed in the front yard. Privacy fences are only allowed along the side and rear property lines, behind the face of the house.

What is the 10 year fence law in Louisiana? ›

Under Louisiana law, someone who openly occupies and improves an area of land for a period of at least 10 years can make a legal claim for ownership of the land. In these cases, the “trespasser” may not have even been aware they were trespassing if the boundary lines between two pieces of property were unclear.

How tall can a privacy fence be in Minnesota? ›

What are the height limitations? Fences in the front yard shall be no more than four feet tall. Fences in the side or rear yards shall be no more than seven feet tall.

How close to a property line can you plant a tree in Minnesota? ›

Spacing of Required Plantings: a. Tree centers shall not be located closer than ten feet (10') from the fence line or property line and shrub centers shall not be less than five feet (5') from the fence or property line.

Can I trim my neighbors tree in Minnesota? ›

Cutting down a neighbor's tree without permission is trespassing and carries a stiff penalty. In Minnesota, whoever intentionally cuts down a tree without the owner's permission can be assessed three times the amount of monetary loss suffered by the tree owner.

Can my Neighbour attach things to my fence? ›

If you do not own the fence and it resides within your neighbour's property, you will likely need their permission to attach anything to it.

How close to my property line can I build? ›

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.

Do I need a permit to build a fence Indiana? ›

Do I need a permit to build a fence in Indiana? Indiana state law does not specify permit requirements for residential homes.

What is the spite fence law in Michigan? ›

In order to have a spite fence or other obstruction removed, a property owner must establish the following elements in court: The neighbor erected a fence or other obstruction, The fence or obstruction was solely for malicious purposes, and. That the fence or obstruction serves no other purposes.

How close can you build to property line in Michigan? ›

Many municipalities even allow you to build up to 4 feet past the side of your house. And in rare cases, you're able to build as wide as you like, up to as little as 3.5 feet away from your property line (as is the case in Ypsilanti, MI) on one side of your yard.

What is the highest privacy fence allowed? ›

Fence Laws In California: A Quick Overview

For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches. If you're sharing a fence with a neighbor, your fence must be a minimum of 60 inches high and be free of gaps that a small child might pass through.

What is the lifespan of a fence? ›

How long should a fence last? A well-built and maintained fence should last for 15 to 20 years with proper care.

What is the expected lifetime of a fence? ›

From what we've seen during our last 12 years of business, a typical pressure-treated wooden fence lifespan is about 15-20 years. Around the 15-year mark is when most homeowners report seeing noticeable aesthetic declines, like rotting and splitting.

How long should fence stays be? ›

What Length Should My Stay Be? The stay plays a critical part in the holding power of a fence strainer assembly. As a general rule of thumb, your stay should be at least 2½ times the height of your fence. So if your fence is 1.2m (48“) high, then your stay needs to be at least 3m (10') long.

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