A Guide to Texas Fence Laws
In Texas there is no obligation for property owners to build a fence, but if neighbors agree to both maintain a fence the agreement is legally binding.
Written by Payton Ternus
Reviewed by Melanie Reiff
Property owners in Texas do not have any legal obligation to share any costs or maintenance of a fence built by their neighbor—unless there is already an agreement in place. If both neighbors agree to maintain the fence, the agreement is legally binding.
Compared to other aspects of your property, fences can potentially affect your neighbors and even lead to disputes amongst other property owners—so it’s important to know your state’s fence laws whether you already have one or you’re considering having one built.
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What is the case law for Texas fences?
The case law for boundary fences is found in
Nolan v. Mendere
, 14 S.W. 167, 168 and Griffin v. Sansom
, 72 S.W. 864, 864. The rulings in these cases provide the basis for fence regulations in the state of Texas. The principle is, while property owners are not obligated to build or maintain a fence unless there was a prior agreement in place amongst neighbors.Texas does not have a specific state law addressing boundary fences—more specific matters are left to the local laws and regulations. If you decide to build a fence and your neighbor agrees to pitch in for the cost and maintenance, the agreement is legally binding. It’s a good idea to include a notice to your neighbors if you want to build a fence, and it should include:
- A description of the fence you want to build or whatever problem needs to be fixed
- A proposed timeline for building or repairs
- A proposed division of expenses for building or repairs
- An invitation to discuss the proposed building or repairs
Exceptions to Texas law
What happens if one property owner doesn’t want the fence to be built—or if they’d prefer a cheaper option to what was proposed by their neighbor? Can you be required to pay for a fence you don’t want under Texas law?
The simple answer is sometimes. If you already had an agreement in place with your neighbor regarding a fence and you have simple disagreements regarding expenses or anything of the sort, you’ll have to work it out amongst yourselves. Disputes regarding fence ownership or maintenance may need to be settled in court if you cannot reach an agreement.
You may be able to avoid paying for the fence if:
- The financial burden outweighs the benefit of the fence
- The price to build or repair the fence would be more than the difference in the value of your property before and after the installation
- Financing the fence would create undue financial hardship
- The expenses surrounding the fence appear excessive, unnecessary, or related only to the other party’s personal taste
Spite fences
Texas has special regulations for “spite fences”. The case law regarding spite fences is found in the ruling of
Harrison v. Langlinais
, 312 S.W. 2d 286. Texas landowners have the right to build a fence—even if it obstructs the air, view, or lights for a neighbor. The motive behind building a fence is typically deemed irrelevant, but you’re not allowed to directly cause a nuisance.Key Takeaway If there is an agreement between neighbors, both parties are legally obligated to contribute to the cost and maintenance of the fence.
Does Texas law require fences?
The only type of fence you may be required to build in the Lone Star State is a pool fence. When it comes to residential pools, there is no statewide law regarding fences—the laws and regulations are found in local guidelines.
Texas is a warm, sunny state perfect for poolside fun. If you’re a homeowner with a pool, you’ll need to research your city and county laws regarding pool fences to make sure you’re in compliance with all requirements.
MORE: Home insurance with a pool: what’s affected?
How to legally build a fence in Texas
If you’re set on building a fence at your Texas home, you’ll want to begin by informing your neighbors who have land adjoining yours. Make sure you have your property surveyed if you’re unsure of where the property lines are located.
The next step is sending out a “good neighbor fence letter” so your neighbors are aware of all your intentions. They will be able to review the letter, and then you can form an agreement on sharing the costs of building and future maintenance. You’ll want to try to work out any disagreements between you, but be prepared to go to court if there are any major disagreements once you have an agreement in place.
Since Texas does not have a statewide law addressing requirements for boundary line fences, you’ll need to research the local laws and statutes for your area. You will need to meet the requirements of both the city and county levels. Permit requirements also vary based on municipality and county—but you typically do not need one for fences under 6 feet tall.
Does homeowners insurance cover fences?
Under standard
homeowners insurance
policies, fences are considered to be “other structures.” They will usually be covered for up to 10% of the dwelling coverage limit on your policy. The fence will also be covered for the same perils as your home—typically including vandalism, fire, and lightning.If the fence on your property was damaged by a neighbor’s falling tree, a storm, or a wildfire, make sure to double-check the coverage details of your insurance policy to see if that peril is covered. If it is covered under your policy, make sure to document all of the damage with plenty of photographs to submit when you file your claim.
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FAQs
Do I need a permit to build a fence in Texas?
You may or may not need a permit to build a fence in Texas depending on your municipal and county requirements. In general, you probably won’t need a permit to build a fence under 6 feet tall.
Can my neighbor make me pay for a fence in Texas?
Your neighbor can make you pay for a fence in Texas if you have a prior agreement in place. If you previously agreed to help pay for a fence and its maintenance, that agreement is legally binding.
Can I build an 8-foot fence in Texas?
You can build an 8-foot fence in Texas as long as you’re abiding by the local laws and regulations. Some areas may restrict fences of this height to more open land.
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