TX Property Code Ch. 26 governs boundary fence disputes statewide. Cost-sharing for shared fences is customary but not legally mandated. Flower Mound does not require neighbor notification before building a fence. Most HOA CC&Rs contain provisions governing shared fence responsibilities and architectural approval.
Texas Property Code Sections 26.001 through 26.003 address boundary fence issues statewide. Under Texas law, there is no mandatory cost-sharing requirement for boundary fences between residential properties, though it is a common practice. Flower Mound does not have a local ordinance requiring notification of adjacent property owners before building a fence, but it is strongly recommended to avoid disputes. The fence must be built entirely on the property owner's land or on the property line with mutual agreement. Encroachment onto a neighbor's property may create a civil trespass claim. Most Flower Mound HOAs require architectural review committee approval before installing or replacing a fence, which often includes notifying adjacent property owners through the HOA process. Disputes over boundary lines should be resolved through a professional land survey before construction begins. Civil mediation is available through Denton County Dispute Resolution Center. The finished or more attractive side of the fence customarily faces outward toward the neighbor, and many HOAs make this a requirement.
No municipal penalty for neighbor fence disputes. Civil remedies apply (trespass, encroachment). HOA violations per CC&Rs may result in fines or forced removal.
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