{"id":376556,"date":"2017-11-07T14:18:07","date_gmt":"2017-11-07T19:18:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/property-line-and-fence-laws-in-texas.html"},"modified":"2017-12-01T16:28:45","modified_gmt":"2017-12-01T21:28:45","slug":"property-line-and-fence-laws-in-texas","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/property-line-and-fence-laws-in-texas.html","title":{"rendered":"Property Line and Fence Laws in Texas"},"content":{"rendered":"\n
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Property Line and Fence Laws in Texas<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Texas leads the nation<\/a> in the number of farms and ranches it contains, with 248,800 farms covering 130.2 million acres. It makes sense, then, that landowners in Texas occasionally have disputes regarding property lines, fences, and trees. Whether you live in the country or the city, it’s smart to know your rights and responsibilities about your property lines. Read on to learn more about fence laws in Texas.<\/p>\n

Fencing Laws in Texas<\/h2>\n

Over the years, Texas courts have issued decisions about property lines and fences, which have shaped the law on the issue. Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.<\/p>\n

Some cases involve the erection of a "spite fence,"<\/a> which is a solid structure built purely to interfere with a neighbor’s enjoyment of his land and not to benefit the owner. While motivation for building is typically not considered, in Texas a fence built for malicious purposes may be found to be a nuisance.<\/p>\n

Tree Trimming Laws<\/h2>\n

Texas law also addresses issues involving trees along border lines. While one neighbor may own the tree, frequently roots and branches can naturally encroach on a neighbor’s property. Texas law defines who owns any disputed tree, who has the right to trim branches on an encroaching tree, and who is liable for damages caused by and to the tree.<\/p>\n

The following chart provides more information about property line and fence laws in Texas.<\/p>\n\n

Case Law<\/b><\/p>\n<\/td>\n

Boundary Fences<\/b><\/p>\n<\/td>\n

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  • Landowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so.<\/li>\n
  • If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.<\/li>\n
  • If only one neighbor pays for the fence, it is not a common fence but rather the exclusive property of the builder.<\/li>\n
  • If neighbors agree to maintain a portion of the fence, this agreement is legally binding and enforceable.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Spite Fences<\/b><\/p>\n<\/td>\n

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  • A landowner has a right to erect a fence or other structure even if it obstructs a neighbor’s view, lights, or air.<\/li>\n
  • Motive for erecting a fence is typically irrelevant, but property owners can’t use their property in a way that constitutes a nuisance.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Tree Trimming<\/b><\/p>\n<\/td>\n