Montgomery County, TX Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Fences/Walls
- TX Agric. Code §74.001 governs ag fence disputes
- Fees/Costs
- No county residential fence cost-sharing rule
- Hours/Times
- HOA deed restrictions may address boundary fences
- Unresolved disputes
- Unresolved disputes go to civil court
Summary
Texas common law governs fence disputes between neighbors in unincorporated areas. The Texas Good Neighbor Fence Law (TX Agric. Code §74.001) applies to agricultural fences. HOA deed restrictions may specify shared fence responsibilities in subdivisions.
Sec. 143.028. FENCES. (a) A person is not required to fence against animals that are not permitted to run at large. Except as otherwise provided by this section, a fence is sufficient for purposes of this chapter if it is sufficient to keep out ordinary livestock permitted to run at large.(b) In order to be sufficient, a fence must be at least four feet high and comply with the following requirements:(1) a barbed wire fence must consist of three wires on posts no more than 30 feet apart, with one or more stays between every two posts;(2) a picket fence must consist of pickets that are not more than six inches apart;(3) a board fence must consist of three boards not less than five inches wide and one inch thick; and(4) a rail fence
Full Breakdown
In unincorporated Montgomery County, fence disputes between neighbors are governed by Texas common law and, for agricultural properties, the Texas Agriculture Code §74.001 (Good Neighbor Fence Law) which addresses shared maintenance responsibilities. No county ordinance mandates cost-sharing for residential fences. Subdivision deed restrictions may specify materials, appearance, and shared-cost obligations for boundary fences. Disputes not resolved between neighbors may require civil court action. The county has no fence mediation service.
Violations & Fines
Civil dispute - no city enforcement for cost-sharing. Property line encroachments: survey and civil remedy. HOA violations per CC&Rs.
Frequently Asked Questions
Who pays for a fence between neighbors in Montgomery County?
What are the rules about shared fences in Montgomery County?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.