Houston Fence Law: What Part of the Fence do I Own?

Houston Fence - Summit Fence North

Are you responsible for the Houston fence between your yard and your neighbor’s?

If you have a Houston fence between your property and your neighbor’s, you may wonder whose responsibility it is. For example, if it falls down after a storm, do you have to split the costs for a replacement? Can you have a fence removed if you don’t like the look of it? These are common questions that come down to the basics of fence ownership. In Texas, there are some laws regarding who owns which part of the fence

Which Part of the Houston Fence Between my Yard and My Neighbors do I Own?

How do you know what part of a Houston fence you own? Generally, it comes down to where it’s located. Is the fence on your property or your neighbor’s? If it’s on your property, then it’s your sole responsibility. This means you need to maintain it, repair it, and replace it. If the fence is on your neighbor’s property, then it’s their responsibility. However, who is responsible for a border fence between two properties? Then ownership generally goes straight to the person who first installed it. 

However, you may share part of the ownership responsibilities for a Houston fence if you and your neighbor have an agreement. Before fence installation, if you and your neighbor agree to split the costs for maintenance, repairs, and other costs associated with the fence, then this is usually a legally binding agreement. Talking to your neighbor about the fence before something happens can help you avoid disputes. For example, you don’t want the first conversation about the fence to happen after a storm knocks it down. 

Myths About Fence Ownership

There are many myths out there about who owns which part of a fence in Cypress, TX, or in Houston. Some think that if the “good” side faces their yard, then the fence is the other person’s responsibility. Others believe that one side is theirs and the other side is the neighbor’s. However, at the end of the day, Houston fence ownership comes down to whose property it sits on. If your neighbor builds a fence in your yard without your permission, then this is sort of like trespassing and you can ask to have it removed. However, if they build a fence on their land, then they own it. 

Another common misconception about fences is generally about a Houston wood fence between two properties. Wood fences often need regular painting or staining. Many people believe that they can go ahead and stain or paint their side of the fence, whether they installed the fence or not. However, that would be like painting the neighbor’s car or other property. Even though the fence is facing your yard, remember that your neighbor legally owns that fence if they installed it and it’s on their property. Therefore, you need permission to paint or stain the fence. However, if you ask nicely, many neighbors will gladly let you paint the side of the fence that faces your property. 

At Summit Fence North, we provide high quality fence solutions for all your residential and commercial needs. Our team will work with you to find beautiful, practical fence options to suit your needs and budget. Since 1997, we’ve been serving the greater Houston area with fences for privacy and protection. Call us today at (281) 895-9500 to learn more and request a free quote for your fence!