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Little Elm, TX Fence Regulations: Neighbor Fence Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

State Law
TX Property Code Ch. 26
Cost-Sharing
Customary but not required
Finished Side
Should face neighbor (HOA may require)
Disputes
Civil matter, mediation recommended
Survey
Recommended before construction

Summary

TX Property Code Ch. 26 governs boundary fences statewide. Cost-sharing is customary but not required. Little Elm has no local ordinance beyond state law. Civil mediation recommended.

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 inc

Source: TX Property Code Ch. 26View official code

Full Breakdown

Texas Property Code Chapter 26 provides the statewide framework for boundary fences. 001, an owner of adjacent property who uses an existing fence as a partition fence between the owners adjoining properties may not remove or alter the fence without the consent of the other property owner. 003 provides that a property owner is liable for damages resulting from removal or alteration of a partition fence without consent. Little Elm does not have additional local ordinances governing shared boundary fences beyond state law. Cost-sharing for new boundary fence construction is customary in Texas but not legally mandated.

When neighbors disagree about fence placement, the town recommends that both parties obtain current property surveys to determine the accurate boundary line. The finished or attractive side of a fence should typically face outward toward the neighboring property as a matter of common courtesy and is required by many Little Elm HOA deed restrictions. Disputes over fence placement or responsibility are civil matters resolved through negotiation, mediation, or small claims court.

Violations & Fines

Removing a partition fence without neighbor consent: civil liability for damages under TX Property Code 26.003. Fence encroaching on neighbor property: civil dispute.

Frequently Asked Questions

Does my neighbor have to pay for half the fence?
No. Texas law does not require cost-sharing for boundary fences. It is customary but not legally mandated. Negotiate an agreement before construction.
Can my neighbor remove our shared fence?
Not if you use it as a partition fence. Texas Property Code Section 26.001 prohibits removing or altering a shared partition fence without the other owners consent.
Which side of the fence faces my neighbor?
The finished or attractive side should face outward. Many Little Elm HOAs require the finished side to face neighboring properties.

Sources & Official References

Other rules in Little Elm

All Little Elm rules

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