Texas common law generally treats boundary fences as shared, though Texas has no universal fence statute requiring cost sharing.
Texas is an open-range state historically, and there is no mandatory cost-sharing statute for residential boundary fences. Neighbors should confirm the property line via a recent survey before erecting a fence. If built on the line, ownership and maintenance are typically shared unless otherwise agreed. Most El Paso homeowners build on their own side of the line to avoid disputes. The Texas Agriculture Code Chapter 143 governs livestock fencing outside city limits. Within El Paso, fence disputes are resolved in justice court or through private negotiation; the city does not mediate boundary disagreements.
No city penalty for fence disputes. Encroachment can lead to civil suit for trespass and forced removal at the encroacher's expense.
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See how El Paso's neighbor fence rules rules stack up against other locations.
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