In Texas, each owner pays for the fence he or she builds unless the neighbors agree to share. No state statute divides the cost of a residential boundary fence. The Texas State Law Library puts it this way: a landowner generally has no legal obligation to share in the costs or future maintenance of a fence built by a neighbor on the dividing line, unless he or she has agreed to do so.
This page is general information, not legal advice. For a dispute, talk to a lawyer, and check your city code and any deed restrictions.
Does my neighbor have to pay for half of a new fence?
No, not unless they agreed to. A neighbor who is happy with the old fence, or with no fence, cannot normally be billed for yours. Shared fences in Lubbock are paid for by agreement, so ask before you build and get the answer in writing.
Who owns the fence between two properties?
Whoever's land it stands on, as a starting point. A fence fully inside one lot belongs to that lot's owner. A fence on the line that both owners built or agreed to is shared. When no one knows, a survey shows where the fence sits and old paperwork may show who paid for it.
Can my neighbor put up a fence without asking me?
Generally yes, if it is on their own land and follows city rules and any deed restrictions. They do not need your consent, and you do not owe them money for it. They do need to stay on their side of the line.
A survey shows the fence is on the wrong side of the line. Now what?
Start with a calm talk and a copy of the survey. The fence can be moved to the line, or the two owners can sign a written agreement about it. Boundary questions that go beyond that belong with a real estate lawyer. Once you have decided, we can take the fence down and rebuild it on the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
It depends on who chose the line. A contractor who ignored survey pins or guessed at the boundary should be asked, in writing, to correct it at no charge. If the owner pointed out the line, the owner usually bears the cost. A good estimate states where the fence goes and who marked that location.
My neighbor and I agreed to split a new fence. How does the billing work?
Write the deal down first: where the fence runs, the material and height, the full price and what each of you pays. We can prepare the estimate with the shared side shown as its own section and each owner's share listed.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that sits wholly on your lot does not need the neighbor's approval, though city and HOA rules still apply. Have the corners located before building so the line is not in doubt later. The Lubbock Central Appraisal District's public records list an owner's mailing address if you want to send a letter.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it stands on your property, you can replace it at your own cost. If it is on the line and was shared, tell the neighbor in writing before it comes down, and keep a copy. Their dogs or pool may depend on that fence, so agree on timing.
My neighbor's tree roots are lifting our fence. Who handles that?
Get an arborist to look at the tree and a fence company to look at the fence. Cutting large roots can weaken or kill a tree, and that creates a bigger dispute. Often the fence can be rebuilt with posts placed on either side of the root and the bottom edge raised over it.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
To a point. Heavier posts, a bottom rail and tension wire make chain link stiffer, but no yard fence is meant to work as a retaining wall. Write to the business owner and ask that the material be moved off the fence. If nothing changes, report it to City of Lubbock Code Enforcement.
For a price on your own fence line, book a free on-site estimate. Call (806) 450-4251 or text us a photo of the yard.