Austin, TX asked in Real Estate Law and Civil Litigation for Texas

Q: Shared fence, shared cost but neighbor took it down.

Two years ago neighbor and I shared the cost of a shared fence. His contractor installed the fence entirely on his property in error. My neighbor and I had a falling out and he just went and moved the fence in it’s entireity further on to his property. I’m am now without a boundary fence. Is he entitled to do this?

1 Lawyer Answer
Jack Ternan
Jack Ternan
  • Plano, TX
  • Licensed in Texas

A: Texas Agriculture Code § 143.121 prohibits the removal of a jointly owned fence without the consent of both owners. You are entitled to obtain payment for the cost of replacing the prior fence, and there is a theoretical criminal penalty but that would depend on the district attorney where you are looked.

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