In Texas, the person who wants the fence usually pays for it. There is no state statute that makes neighbors split a boundary fence. The Texas State Law Library puts it this way: a landowner generally has no legal duty to share the cost or upkeep of a fence a neighbor builds on the dividing line unless he or she has agreed to.
This page is general information, not legal advice. For a dispute, talk to a lawyer. The Texas State Law Library's neighbor law guide is a good free starting point.
Does my neighbor have to pay for half of a new fence?
No, not unless they agreed to. An agreement can be a signed note between you, and deed restrictions in some subdivisions also deal with shared fences. Without one of those, you cannot make a neighbor pay for half. Most shared fences in Amarillo are split because both owners chose to.
Who owns the fence between two properties?
A fence that sits wholly on one lot is that owner's fence. A fence built on the line by agreement belongs to both. When nobody remembers who built it, a survey shows which side it stands on, and that is the best evidence you will get.
Can my neighbor put up a fence without asking me?
On their own land, generally yes. They do not need your consent, only to follow the city's height and location rules and any deed restrictions. They cannot build on your side of the line or attach to your fence without your permission.
A survey shows the fence is on the wrong side of the line. Now what?
Speak with the neighbor before doing anything to the fence. You can move it to the surveyed line, or put a written boundary agreement in place that lets it stay. Texas law on long-standing boundaries and adverse possession is complicated, so see a lawyer if the strip matters to either of you. We can move a fence once the line is settled.
The contractor built my new fence over the property line. Who fixes it?
Look at who chose the line. If the contractor guessed at it or ignored the pins, write to them and ask for it to be moved at their expense. If the line was your instruction, the cost is harder to pass back. The estimate should say where the fence goes and who marked it.
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, the height, the full price and what each of you pays. We can show the shared run and each owner's share on the estimate, so both of you sign the same paper.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that stands fully inside your own line needs no signature from next door, only compliance with city rules and your deed restrictions. Have the corners located so the fence is clearly yours. The county appraisal district's records list the 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 land, yes, it is yours to replace at your cost. If it sits on the line or you are unsure whose it is, write to the neighbor before you remove anything, and keep a copy. Since Texas does not force a split, plan your budget as if you are paying alone.
My neighbor's tree roots are lifting our fence. Who handles that?
Two different trades. An arborist should look at the roots, because cutting large ones can kill the tree or make it unsafe in the wind. We handle the fence, and often the fix is to move a post or span over the root with a longer rail.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
We can add a bottom rail, tension wire or heavier posts on your side, but no yard fence is a retaining wall. Ask the business in writing to move the material. If it backs onto a residential district, Amarillo's zoning code may also require it to have its own solid screening fence, so a call to the city is worth making.
For a price on your own fence line, book a free on-site estimate. Call (806) 203-6722 or text us a photo of the yard.