Generally, whoever builds the fence pays for it, unless the neighbors agree otherwise.
The general rule
The Texas State Law Library says Texas has no specific state statute on who owns or maintains a boundary fence between neighbors. Courts have addressed it, and generally a Texas landowner has no legal obligation to share the costs or future maintenance of a fence their neighbor builds on the dividing line unless they agreed to.
Put agreements in writing
If you and your neighbor agree to split the cost, write down who pays what, where the fence goes, which side faces whom, and who maintains it. Texas A&M AgriLife's Five Strands guide covers building, maintaining and removing fences in more detail.
Know where the line is
Placing a fence on the wrong line can lead to disputes, and in rare cases adverse-possession claims. Your plat or a survey is the starting point. Also see Amarillo fence rules.
HOAs
Texas Property Code sections 202.022 and 202.023 limit how property owners' associations can restrict swimming pool enclosures and certain security measures such as perimeter fencing. Associations can still regulate things like appearance and fence type. Read your HOA's rules before you order materials.
Livestock fences
Rural livestock fencing follows separate rules (open range vs. closed range, Agriculture Code ch. 143). See the State Law Library and Five Strands.
General information only, not legal or engineering advice. Rules change, so confirm with the agency linked below or a licensed professional before you start work.
Sources
- Texas State Law Library: Fences & Boundaries (Neighbor Law guide)
- Texas A&M AgriLife: Five Strands, A Landowner's Guide to Fence Law in Texas
- Texas Property Code ch. 202 (property owners' associations)
Last reviewed: October 2026.
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