Who is responsible for a fence between two properties in Texas?

In Texas, if a fence is entirely on one property, it belongs to that owner. Shared fences may be a joint responsibility only if both parties use and agree to maintain it.

Do I need a permit to build a fence in Texas?

No permit is required for fences under 8 feet tall unless they are masonry or in a flood-prone area. Always check local city and HOA regulations.

What types of fences are allowed in residential areas?

Allowed materials include wood, PVC, composite, ornamental metal, and chain link. Barbed wire, electric, and razor fences are typically prohibited.

🏡 Fence Ownership & Maintenance in Texas

In Texas, there is no official state law that says neighbors must split the cost of a fence. If your neighbor built a fence entirely on their property, it’s their responsibility. If it’s on your land, it’s yours.
➡️ If both neighbors “use” the fence and it’s on the property line, both may share ownership and maintenance — unless otherwise agreed.

📌 Always check your HOA and city rules before starting any fence project.

⚖️ Disputes & Fence Replacement Costs

Example: If a storm knocks down your shared fence:

If it was on their land, it’s their fence.
If it’s on your land, it’s yours to fix.
If it was right on the line and both of you use it? Then it may be a shared cost — but only if both parties agree.

📅 TIP: Put any fence agreements in writing to avoid future issues.

🛠️ Texas Fence Code Highlights (General Rules)

Permit required? Not usually if it’s under 8 ft and not masonry or concrete.
Permit required if: It’s in a flood-prone zone, or over 8 ft.
Fence materials allowed: Wood, vinyl, composite, iron, chain link.
Front yard fences: Often limited to 3–4 ft and may require city approval.
Corner lots: Must keep a 15' clear view triangle for traffic safety.
No barbed wire or electric fences in residential zones.

🔒 Always check your HOA — they may have stricter rules on height, design, and materials.

🗱️ HOA & Legal Requirements

New laws passed in Texas (2021) say HOAs can't stop you from:

Adding a pool enclosure
Installing perimeter security fences

BUT… they can regulate the appearance and materials used.

📱 Safety First: Call 811 Before You Dig

By law, you must call 811 at least 2 business days before digging.
⚠️ Underground gas, water, or electrical lines could cause serious damage or injury.

⛔️ Disclaimer

⚠️ Important Notice: Fence regulations can vary widely by city, county, and HOA. This page is for general guidance only and should not be considered legal advice. Always verify fence codes with your local authorities or HOA before starting your project.