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Texas Statewide Rule

Texas Bars Removing a Shared Division Fence Without Consent

Light RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute
Tex. Agric. Code 143.121-143.122
Default rule
Open range, 'fence out'
Shared-fence removal
Requires mutual consent
Detach attached fence
Six months' written notice
Enforcement
Civil courts, not an agency
Last verified: July 31, 2026

Summary

Under Texas Agriculture Code Chapter 143, Subchapter F, you cannot tear out a fence you jointly own with a neighbor, or one attached to a neighbor's fence, without mutual consent. To detach an attached fence you must first give six months' written notice of the separation.

Sec. 143.121. PROHIBITION. Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is: (1) a separating or dividing fence in which the person is a joint owner; or (2) attached to a fence owned or controlled by another person. Sec. 143.122. WITHDRAWAL OF ATTACHED FENCE. A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation.

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Full Breakdown

Texas is an open-range, 'fence out' state, so no statute forces adjoining landowners to split the cost of a boundary fence. But once a fence becomes a shared separating or dividing fence, or is physically attached to a neighbor's fence, Section 143.121 prohibits removing it except by mutual consent of the parties. Section 143.122 lets a co-owner withdraw an attached fence only after giving six months' notice of the intended separation, delivered in writing to the other owner, their agent, attorney, or lessee. These are civil matters resolved in Texas courts, not by a state agency.

Violations & Penalties

Ripping out a jointly owned or attached boundary fence without your neighbor's consent, or detaching it without the required six months' written notice, exposes you to civil liability and a court order to restore the fence.

Frequently Asked Questions

Does Texas make my neighbor split the cost of a boundary fence?
No. Texas follows the open-range 'fence out' rule, and no statute forces adjoining landowners to share the cost of a boundary fence. Cost-sharing happens only by private agreement.
Can I tear down a fence I share with my neighbor?
Not without consent. Section 143.121 bars removing a separating or dividing fence you jointly own, or one attached to a neighbor's fence, except by mutual consent of the parties.
How do I detach my fence from my neighbor's fence?
Section 143.122 lets you withdraw an attached fence after giving six months' written notice of the intended separation to the owner, their agent, attorney, or lessee.

Sources

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