When you and your neighbor disagree about a fence, the first question is usually about money. Texas law has specific rules about who pays for fences, especially when they sit on or near property lines. The answer depends on several factors: whether the fence benefits both properties, local laws in your area, and what kind of fence dispute you’re dealing with.

At Pathways Property Lawyers, our Houston boundary dispute attorneys know that property disputes are never easy to go through. When you meet with us, we’ll give you clear, direct information so you can protect your property rights and find a solution. Call us today at 832-364-6234.

The Basic Rule: Texas Is an “Open Range” State

Texas follows open range laws, which means property owners aren’t automatically required to fence their land. There’s no statewide law forcing you to build or maintain a fence unless livestock is involved. This is different from many other states where fencing requirements are more common.

However, many Texas cities and counties have their own fence ordinances. In Houston, the city code regulates fence height and placement. Fences in front yards can’t exceed 4 feet tall, while backyard and side yard fences can go up to 8 feet. Houston also requires permits for fences over 8 feet and has specific setback requirements from property lines and sidewalks.

Harris County has similar rules for unincorporated areas. These local regulations set standards for materials, maintenance, and even fence appearance in some neighborhoods. Always check your city or county regulations before assuming state law is the only thing that applies. If you’re in an HOA, you’ll have another layer of rules to follow.

When Both Neighbors Must Pay: Partition Fences

A partition fence is any fence that sits on the property line between two parcels. Texas law says that adjoining landowners share responsibility for partition fences, but only in specific situations.

Here’s when you both pay:

• The fence sits directly on the boundary line between properties
• Both properties benefit from having the fence
• Neither neighbor can prove the other caused damage or problems
• Local ordinances support shared responsibility

The cost split is typically 50/50, but courts can adjust this based on how much each property benefits from the fence. If one neighbor uses the fence to contain livestock and the other doesn’t, the livestock owner might pay more.

It is important to know that Texas law generally does not require a neighbor to share cost or maintenance of a fence built by the other without agreement.

The Livestock Exception

If your neighbor has livestock, Texas law gets more specific. Under the Texas Agriculture Code, livestock owners must keep their animals on their own property. If a neighbor’s cattle, horses, or other livestock damage your property, the livestock owner is liable.

This often means the livestock owner needs to pay for adequate fencing to contain their animals. You can’t be forced to split the cost of a fence that primarily benefits your neighbor’s livestock operation. If damage occurs because of inadequate fencing, you can pursue compensation through small claims court or a civil lawsuit.

What About Spite Fences?

Texas recognizes “spite fence” claims, though they’re harder to prove than you might think. A spite fence is one built purely to annoy your neighbor with no legitimate purpose. To win a spite fence case, you need to prove the fence serves no reasonable function and was built only to harass you or block your views.

Most fence disputes don’t qualify as spite fences because property owners have legitimate reasons for building them, such as privacy, security, or maintaining property boundaries. Courts generally respect property rights, so you’ll need strong evidence of malicious intent.

Steps to Take During a Fence Dispute

If you’re in a fence dispute, follow these steps:

1. Check your property survey and deed to confirm the actual boundary line
2. Review local fence ordinances in your city or county
3. Talk to your neighbor directly before taking legal action
4. Document everything with photos, measurements, and written communication
5. Consider mediation through your homeowner’s association or a neutral third party
6. Consult a property lawyer if the dispute escalates

Many fence disputes are resolved through conversation once both parties understand the property lines and local laws. Getting a new survey can clear up confusion and costs less than litigation.

When to Call a Houston Property Dispute Lawyer

Some fence situations need legal help from the start. Contact a property attorney at our law firm if your neighbor builds a fence on your land, refuses to maintain a dangerous partition fence, or ignores court orders about fence removal. You should also get legal advice if the dispute involves significant property damage or if your neighbor threatens legal action.

We can send demand letters, negotiate settlements, and represent you in court if necessary. Property disputes can affect your home’s value and your quality of life, so professional guidance often saves money and stress in the long run.

If you’re facing a fence dispute, our Houston boundary dispute attorneys are here to guide you through it. Call Pathways Property Lawyers at 832-364-6234 or fill out our confidential contact form to learn more about your legal options.

Roger G. Jain

As long as I can remember, I have been inspired by courtroom drama. The story, regardless of who was fighting and for what cause, always came down to the very basic human traits of greed, jealousy, vengeance, deceit, ego, and pride. The skilled lawyer, always a good listener, could always find the heart of the case and convey it simply and eloquently to the jury and help the jury reach a just verdict. Read more here.