Fences
A common dispute among neighbors is who owns, as well as who is responsible for maintaining the fence between their properties. Texas does not have a specific state law that addresses boundary line fences. Cities or property owner associationswill often try to regulate things such as fence heightbut for disputes involving ownership or maintenance, those will often need to be settled in court if the neighbors cannot come to an agreement on their own.
Below you will find references to areas of Texas lawrelated to fences.If you find these statutes difficult to understand, please see the Understanding the Lawresources below for a "plain English" explanation of these laws.
Texas Agriculture Code, Chapter 142
State law governing stray livestock or fowl.
Texas Agriculture Code, Chapter 143
State laws on fences and range restrictions.
Texas Civil Practice and Remedies Code, Chapter 16, Subchapter B
This subchapter governs adverse possession in Texas, often referred to as "squatter's rights."
Fencing mayalso be regulated by Texas municipalities. Be sure to also check your local code of ordinances to see if any additional laws exist. See ourMunicipal Laws and Ordinancespage for assistance locating your local laws.
Five Strands: a Landowner's Guide to Fence Law in Texas, 2nd ed.
Created by the Texas A&M AgriLife Extension, this book gives landowners a background on how Texas fence laws originated, explains the current laws that landowners should know, and details a few common fence dispute scenarios and solutions.
The fence between my property and my neighbor’s property is down. Who has to pay to replace it?
The State Bar of Texas created this guide to legal questions from those affected by disasters. Chapter 3 is about trees and fences and addresses damaged fences in Question 3-7.
A blog post from the Texas A&M Agri-Life Extension discussing state law that provides requirements for a landowner seeking to remove certain fences on his or her own property.
