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Fences and encroachment

On Behalf of | Apr 15, 2022 | Real Estate Disputes |

There are local laws that govern how tall you can build a fence and what materials you can use, but generally speaking, Texas law supports your right to build a fence on your property.

Texas law also protects you if your neighbor, whether accidentally or on purpose, builds a fence that encroaches on your property. However, if either you or your neighbor want to build a fence right on the property line, the issue becomes a little more complicated.

Can you build a fence on the property line?

According to Home Garden Guides, either you or your neighbor can build a fence on the property line. However, neither can build a fence on the property line without the authorization of the other.

Ideally, you and your neighbor should come to an agreement about who owns the fence, which could include joint ownership, and whether you will share the costs associated with installation and maintenance.

Who owns a fence on the property line?

It depends on the agreement that you make with your neighbor. If there is no agreement, the law considers the builder to be responsible for the fence.

What happens if a neighbor’s fence encroaches on your land?

If your neighbor builds a fence that goes over the property line and encroaches on the land that you own, you have the right to ask the neighbor to take down the fence. If he or she fails to comply, you have the right to take legal action to compel your neighbor to take down the fence as well as compensate you for any damages you suffered as a result of the encroachment.

To successfully sue your neighbor for encroachment, you have to be able to prove that the neighbor is making illegal use of land that you legally own. It is also in your interest to take action in a timely manner. After 25 years, your neighbor can claim the portion of land that he or she encroached upon under the law of adverse possession.


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