A fence or wall shared with a neighbor

Texas has no single statute that settles this. The Texas State Law Library says that "Generally, a landowner in Texas has no legal obligation to share in the costs or future maintenance of a fence built by his or her neighbor on the dividing property line, unless he or she has agreed to do so." So the useful move is to talk first and write down what you agree. This is general information and we are not lawyers. The library itself says it cannot tell you what the law means for your situation.

Whose fence is it?

The State Bar of Texas disaster manual takes the storm version of this question, and it is the clearest answer we found:

That straddling line sits uneasily with the library's general statement above. It looks like the answer turns on where the fence sits and how each of you uses it. We did not find an El Paso ordinance defining "use", so ask the city and, if real money is at stake, a lawyer.

Find the line first

Most arguments start with where the line actually is. An old wall is not proof. The library also warns about adverse possession, which it describes as a legal concept allowing a trespasser to gain title to someone's land, and says whoever holds legal title is presumed to be the owner unless the trespasser proves otherwise. If a fence is clearly in the wrong place, do not leave it for years without getting advice. The company can tell you where it plans to build, but that is not a survey.

Back wall facing a business or apartments

El Paso's zoning code has a section called Mandatory Walls, 20.16.020. A 2016 agenda item shows the idea: a clause it deleted had put a wall between residential and nonresidential uses in mixed-use districts "by the owner of the property having the nonresidential use". We read only the amended parts, not the whole section, so we do not know what applies to your lot. If your back wall divides you from a store, an office or an apartment property, ask the One Stop Shop at (915) 212-0104 whether it is one of these before you pay to fix it.

If your neighbor wants to take it down

A Texas A&M AgriLife law post describes a state statute, Agriculture Code sections 143.121 to 143.123, under which a person may not remove a dividing fence he jointly owns without agreement, and six months' written notice is needed to remove your fence where it attaches to someone else's. The post was written for landowners in general, does not say how it applies to city lots, and notes no reported court decisions under it. Take it as a reason to talk before anyone starts knocking down a shared wall.

Owners' associations

The library says associations in Texas cannot prevent certain fencing, including security measures like perimeter fencing, but can limit the type of fencing used. Property Code section 202.023 is the statute, and it does not cover condominiums. Height and looks may still be in your own association's rules, so read them before you ask for a quote.

When a wall moves water

This catches people here because rain is rare enough to forget about. August 2006 brought 3 to 10 inches in a day to the El Paso area, and arroyos overflowed into neighborhoods that week. Under Texas Water Code section 11.086, no one may divert or impound the natural flow of surface water in a way that damages another person's property by overflow, and the person harmed can recover damages. The library says owners "could be held responsible for damage to neighboring property" when water is diverted.

A new solid wall along a low side of the lot can do exactly that. Before you build, walk the line after a rain if you can, and ask the company where the water will go. For drainage questions, start with El Paso Water's customer line at (915) 594-5500 (their number, not ours).

If wind took it down

Your own policy may help even when the ownership is unclear. The Texas Department of Insurance says that if your fence was damaged by wind and you have wind coverage, your policy will probably pay, usually at actual cash value and after your deductible. The wind damage page has the rest.

What to write down together

• Where the fence or wall goes, measured from something that will not move.
• Who owns it once it is built.
• What kind, how high, and which side the finished face goes on.
• Who pays for what, and who pays for repairs later.
• Who hires the company, and who the company answers to.
• Whether the crew can stand and store materials on each side.

Both names, both signatures, a date. If the talk goes badly, the library links to a directory of legal help. It also says cities may have local fence rules, which for El Paso means the city rules page.