Fence Between Neighbors in Texas: Who Owns It and Who Pays

Who owns a boundary fence, whether a neighbor has to chip in, who fixes it after a storm, and how to put it in writing.

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In Texas, a neighbor generally owes nothing toward a boundary fence you build unless they agreed to share the cost (Texas State Law Library).

Lubbock Fence Install is a referral website, not a fence company. We send your request to one independent local fence company. You never pay us; companies we refer you to may pay us for referrals. This page summarizes public legal guides as of October 2026. It isn't legal advice, and the State Law Library itself notes it can't tell you what the law means for your situation. For a real dispute, talk to a Texas real estate attorney.

The short version

Texas has no single statute on who owns or maintains the fence between two homes, the State Law Library notes, so court decisions fill the gap. Those decisions, as summarized by the Library and by Texas A&M AgriLife's fence-law guide, come down to a few rules:

Nobody has to pay for a fence they didn't agree to.
Where the fence sits, and who paid for it, decide who owns it.
A written agreement between neighbors is enforceable.
A survey before building prevents most of the arguments.

Who owns the fence?

Situation	Who owns it	Source
Fence sits entirely on one lot	That lot's owner, who is solely responsible for repairing it	AgriLife; State Bar disaster manual
Fence on the line, paid for by one neighbor	The builder alone; it isn't a "common fence"	AgriLife
Fence straddling the line, used by both neighbors	Both, sharing repair and replacement costs	State Bar disaster manual
Neighbors signed an agreement on building or upkeep	Whatever the agreement says; it can be enforced	AgriLife

The second and third rows pull in different directions. AgriLife quotes a Texas Supreme Court decision holding that a neighbor may enclose his own land using the fence already on the line "without incurring any liability to account for the use of his neighbor's fence." The State Bar manual says shared use of a straddling fence makes both neighbors owners, and suggests checking local ordinances for what counts as "use." If you and a neighbor both rely on one fence, that uncertainty is a strong reason to write down who pays for what.

Does the neighbor have to pay half?

No, unless they agreed. AgriLife's guide says a Texas landowner "has no legal obligation to share in the costs or future maintenance of a fence built by his or her neighbor on the dividing property line, unless he or she has agreed to do so." The State Law Library says the same.

Plenty of neighbors split the cost anyway, because both yards get the fence. If yours offers, put it in writing before the posts go in. AgriLife says agreements to share maintenance are binding and advises writing them down and giving each owner a copy. A useful agreement covers:

Where the fence goes, ideally tied to a survey
Material, height and style, and which side faces each yard
How the installation cost is split
Who maintains which part, and how repair costs are shared later
What happens if either house is sold

When you collect prices, ask the fence company whether it will invoice each owner for their share or bill one person. The company you're connected with sets its own terms on that.

Who fixes it after a storm?

When wind takes a boundary fence down, the question of who pays follows right behind.

No duty to help rebuild. AgriLife says that even when a boundary fence is destroyed by natural causes, the neighbor has no obligation to contribute to rebuilding it, absent an agreement.
The owner repairs. The State Bar of Texas disaster manual says that if the fence is on your property, repairing it is your responsibility alone, though your neighbor can't force you to replace it. If a neighbor's fence fell onto your property in the storm, you can remove it from your property.
Insurance. The Texas Department of Insurance says a home policy with wind coverage will probably pay for wind damage to your fence, usually at actual cash value minus your deductible, under "other structures" coverage that's often about 10% of the house's insured value. Ice and snow damage usually isn't covered unless the house collapses onto the fence.

Don't leave it down too long in Lubbock. Lubbock's zoning code bars residential fences built of "damaged, deteriorated, or unsafe materials," so a wrecked section can't simply stay that way. And under the city's animal ordinance, a dog behind a fence that can't hold it "because of the fence's lack of height or general disrepair" is considered at large. If a shared fence is down and a dog lives on either side, someone needs a temporary fix while the money gets sorted out. The fence repair page covers repair costs and claims.

Building on or near the line

Get a survey. AgriLife calls an accurate survey "paramount" for a boundary fence; without one, the fence location "is an inaccurate guess."

Ask before you step over. AgriLife says a landowner should get the neighbor's permission before entering their property to clear brush for a boundary fence, since doing it without permission could be trespassing. If permission is refused, the fence may have to sit back on your own land.

Building inside your line. Some owners set a fence slightly inside their line to stay clear of disputes. AgriLife's guide explains the risk on the other side: if a neighbor fences in that strip and uses it, it could support an adverse possession claim. Its suggestion is to write the neighbor saying you still intend to use your property up to the boundary, and to consider recording that in your county's real property records.

The "7-year fence law" and adverse possession

You may see a "7-year fence law" mentioned online. Texas's adverse possession deadlines are in Chapter 16, Subchapter B of the Civil Practice and Remedies Code, and none of them is seven years:

Section	Period	When it applies (simplified)
§16.024	3 years	Possession under title or color of title
§16.025	5 years	The possessor uses the land, pays the taxes and claims under a registered deed
§16.026	10 years	The possessor cultivates, uses or enjoys the land (limited to 160 acres without a title instrument)
§16.027 and §16.028	25 years	Longest periods, including a claim under a recorded instrument

Each claim has more requirements than time alone. AgriLife lists them: visible, open and notorious, peaceable, under a claim of right, hostile to the owner, and continuous for the whole period. It calls taking land this way "very difficult" in Texas, and says the key is that the claimant has to "designedly enclose" the land.

Which side faces out?

We didn't find a Texas statute or a Lubbock code section on which side of a fence has to face the neighbor. HOA covenants are a different matter and may specify it. Texas Property Code §202.023 stops most HOAs from banning a perimeter fence but lets them regulate the type of fencing. Check your HOA's rules, and settle it with the neighbor in the same agreement as the cost.

Attached fences and city rules

If your fence is tied into a neighbor's, or theirs into yours, Texas Agriculture Code chapter 143 sets notice rules before either owner separates or removes it. The fence rules comparison summarizes those sections alongside Lubbock, Wolfforth, Shallowater and Slaton height limits.

When you're ready to price a new or replacement boundary fence, the Lubbock fence cost guide has national ranges by material and length, and the privacy fence comparison covers the most common neighbor-line fences. Back to the Lubbock fence company home page.

Common questions

Does my neighbor have to pay half of a new fence in Texas?

Generally no. The Texas State Law Library and Texas A&M AgriLife's fence-law guide both say a Texas landowner has no legal obligation to share the cost or upkeep of a fence a neighbor builds on the dividing line, unless they agreed to. A written agreement to share is binding.

Who owns the fence between two houses in Texas?

It depends on where it sits and who paid. A fence built entirely on one lot belongs to that owner. AgriLife says a line fence that one neighbor paid for alone is the builder's exclusive property. The State Bar of Texas disaster manual says that if both neighbors use a fence straddling the line, both own it and share repair costs.

What is the 7-year fence law?

We couldn't find one in Texas. The state's adverse possession deadlines in the Civil Practice and Remedies Code are 3, 5, 10 and 25 years depending on the facts, and none is seven. A fence alone rarely moves a property line, but a fence built off the line can become evidence in a claim.

Who fixes a shared fence after a storm knocks it down?

AgriLife says a neighbor has no obligation to help rebuild a boundary fence destroyed by natural causes, unless there's an agreement. The State Bar's disaster manual says the owner of the fence is responsible for its repair, and a neighbor can remove a fence that fell onto their property. Your homeowners policy may cover wind damage.

Can my neighbor attach their fence to mine?

Attached and jointly owned fences have their own rules in Texas Agriculture Code chapter 143, including written notice before one owner separates or removes an attached fence. Our fence rules guide summarizes those sections.

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Last updated 2026-10-24