Fencing Laws in Texas: 5 Rules To Know

June 27, 2023
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Fencing Laws in Texas: 5 Rules To Know

Before putting up a fence on your property, you should be familiar with local fencing laws. Laws regarding Texas fences are defined by the Texas Property Code and Texas Agriculture Code. These laws outline the requirements for constructing and maintaining fences, as well as the responsibilities of neighboring property owners.

Types of Fences Allowed

Depending on the location of the property and local statutes, different types of fence materials may be allowed. Some common fence types include:

  • Wooden fences
  • Chain-link fences
  • Vinyl fences
  • Wrought iron fences
  • Brick or stone walls

Fence Height Requirements

In Texas, fence height restrictions vary depending on the location and zoning of your property. To qualify as a fence according to the Agriculture Code, a fence must be at least 4 feet high. It is good practice to check your local zoning laws before beginning to install a fence, as municipal restrictions may be different. Some areas also have maximum height restrictions. With additional documentation, local zoning authorities may permit certain qualified fences to exceed the standard height limits.

Location Restrictions

There is legal leeway on where Texas fences can be constructed on a property. They can be built on property lines, but to avoid disputes, they are often built with a setback of at least two feet from the line. The setback allows for maintenance and repair of the fence without encroaching on the neighbor’s property. Property surveys can help owners clearly mark the boundaries of their property, which may help with potential disputes. 

Maintenance and Repair

In Texas, the property owner who constructed a fence typically owns the fence. They bear the full responsibility of maintaining and repairing the fence. Texas law requires that fences be maintained and kept in good condition. Fences that become dilapidated or pose a danger to the public must be repaired or replaced promptly. Failure to adhere to these requirements may lead to legal action from neighbors and local zoning authorities.

Disputes With Neighbors

Disputes can arise between neighboring property owners over the placement or maintenance of a fence. In the event of a dispute, Texas law provides solutions to both parties. Disputes may be settled in court, where the court will typically look at the location and maintenance of the fence, whether it adheres to zoning laws and property boundaries, and other considerations.

The cost of repairs or replacement of fences may be shared by both parties if both parties contributed to the initial fence construction. If one party damages the fence of another, the damaging party may be required to pay for the necessary repairs.

Zoning Requirements

Local zoning requirements can impact almost every aspect of fence construction. Residential and commercial properties are often under different requirements. Zoning also determines if permits may be required before a fence construction can commence. These permits may address the height restrictions, materials used, or distance from the property line.

Strong Texas Laws Make Strong Texas Fences

These laws help promote secure and long-lasting fencing. The team at Southland Fence can help make fence building easier with our in-depth understanding of Texas fence laws. We work with a variety of materials to help customers build fences they can be proud of. If you are looking to build a new fence or learn more about local fence laws, contact us today.

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