Texas Civil Practice & Remedies Code Chapter 841 governs partition fences between adjoining landowners, but Arlington does not mandate shared cost or construction of boundary fences. Disputes between neighbors are generally civil matters. The city encourages written agreements and enforces only zoning, height, and nuisance standards, not cost-sharing between private property owners.
Texas is a 'fence-out' state, meaning landowners are not required to fence their property to keep out livestock, and there is no general statutory obligation for neighbors to share fence costs in urban areas like Arlington. Under Texas Civil Practice & Remedies Code Β§841, partition fences exist only by mutual agreement. If one neighbor builds a fence entirely on their property, they own it and bear full responsibility for maintenance. If the fence is on the property line, both neighbors typically share responsibility, but only if agreed in writing. Arlington Code Compliance will not mediate private fence disputes but will enforce violations of the UDC such as height limits, prohibited materials (barbed wire in residential zones), or fences obstructing sightlines. The 'finished side' custom (smooth side facing neighbor) is not required by Arlington ordinance but is strongly encouraged and often required by HOAs. Damaged fences that become hazardous or attract code violations must be repaired by the owner within 30 days of a notice from Code Compliance. For boundary disputes, a licensed land surveyor should establish the true property line before construction to avoid encroachment claims.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Arlington code enforcement directly for current fines, enforcement procedures, and hearing options.
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