Payment Responsibility Between Neighbors for Fence Repair

March 30, 2024
It is one of the most common questions we hear in Magnolia and The Woodlands: "My neighbor's fence fell into my yard—who is responsible for the bill?" In Texas, the laws regarding "boundary fences" can be surprisingly complex, often falling more under property etiquette and HOA rules than strict state statutes.
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The "Joint Responsibility" Default

Generally, if a fence sits directly on the property line, it is considered the joint property of both neighbors. In a perfect world, both parties would split the cost of repair or replacement 50/50. However, unless there is a specific written agreement or HOA covenant, you cannot legally force a neighbor to pay for a fence they don't want.

Check Your HOA Documents First

In master-planned communities like The Woodlands or Bridgeland, the HOA often has very specific rules. They may dictate exactly what the fence must look like and even outline the shared responsibility of neighbors to maintain a "community standard" of appearance. If a fence is falling down, the HOA may issue a citation to both homeowners until it is fixed.

The "Finished Side" Rule

While not a law, it is standard practice to face the "pretty" or finished side of the fence toward the neighbor or the street. If you are the one who paid for the fence entirely, you generally have the right to decide on the material and style (within HOA guidelines), but open communication is always the best way to avoid a dispute.

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