neighbor doesn’t want to take part in your project, make sure that every portion of your fence or other obstruction stays within the boundaries of your property, even down the road after fences sag and plants reach full maturity. We spoke with Ben Michael from Michael & Associates, Attorneys at Law, based in Austin, TX. While this is not legal advice, Ben emphasized the importance of early communication with your neighbor to avoid miscommunication. “The proper placement of the fence can vary depending on your neighbor’s involvement,” explains Ben. His advice: “Talk to them before you do anything.” Your neighbor’s level of involvement can guide your next steps. For example, “If they agree to share a fence with you and split the cost, then the fence can go
RULES & REGULATIONS TO CONSIDER
Save yourself a lot of time, hassle, and headaches by thoroughly researching the legal aspects of creating a property boundary through fencing or landscape design. This article is not legal advice and homeowners should always contact a qualified legal expert in their area for specific advice on their situation. Here, we give an overview of the things you might want to consider if you are planning to add a fence along your property line. If you own your home, the first thing to consider is the CC&Rs for your property. These Covenants, Conditions, and Restrictions are the rules and guidelines set by a homeowners association (HOA), developer, or community governing body that limit or regulate property use. They outline things like lot size, shed location, and debris accumulation so that everyone in the neighborhood is on the same page about the expectations. Often, the CC&Rs will address whether you can have a fence and, if you can, what the restrictions might be on that fence. These may include height, material, and even color constraints. Similarly, check with your county for zoning laws, which often outline similar restrictions. Ben Michael adds, “You’ll need to obtain any permits necessary for the project so that you are legally compliant.”
directly on that property line.” What if your neighbor doesn’t want to share the fence? Ben explains, “If your neighbor doesn’t want a fence on their property or doesn’t want to pay for one, you can still install a fence so long as it is clearly on only your property.” Ben Michael says, “Fencing is one of the easiest, most clear ways to create property boundaries. Those boundaries already exist, but fencing just makes them more visually obvious.” Fence placement depends on accurate knowledge of your property boundaries. Before building, it’s always wise to have a recent professional survey and verify where your property line is located to avoid potential disputes. If there’s uncertainty or disagreement, consult with a licensed surveyor or qualified attorney in your area.
5 September 2025
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