Bexar Texas Fence Line Agreement
Description
How to fill out Fence Line Agreement?
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FAQ
Generally, if a fence is on a property line, it is jointly owned by the neighboring landowners. This may change, however, if one landowner paid to build the fence without any assistance from the other landowner. In that case, the boundary fence is likely the property of the builder.
Texas case law states that while property owners have no obligation to build a fence on the border of their property, if neighbors agree to jointly maintain such a fence, this agreement is legally binding.
This is a barrier, railing or other upright structure that helps enclose an area or mark a boundary. You will need a building consent for fences over 2.5m as well as any swimming pool fence. You may also need a resource consent. You will need to talk to your neighbours first before building a new boundary fence.
Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
Boundary Fences Landowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so. If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.
The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility.
Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that their neighbour gets the 'good' side of the fence. This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
Without a neighbour's agreement, there is no right to build a wall over the boundary line.
Besides possible fees and permits, depending on where you reside in Texas you might have height limitations. The maximum height cannot exceed 8', with the maximum height in the front yard not to exceed 40 and has to be at least 50 percent open.
When looking at the plans, the ownership is indicated by a T marked on the plans on one side of a boundary. If the T is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.