Two neighbors, one worn-out back fence, and three questions: does Texas law make you split the bill, does the new fence need a city permit, and what would each side actually pay? This guide answers all three for Dallas, Plano, McKinney and Frisco, using the cities’ own permit documents, Texas statutes and case law, and Fixr’s national fence prices. It is general information, not legal advice. If you and your neighbor already disagree, talk to a Texas real estate attorney.
Texas law on shared boundary fences: who is responsible for the cost?
No Texas statute splits the cost of a boundary fence, and under Texas case law you don’t have to pay for a fence your neighbor builds unless you agreed to beforehand. The Texas State Law Library says Texas has no specific state statute on who owns or maintains a boundary fence, so court cases decide it (Texas State Law Library, updated 2026-09-01). FindLaw’s summary of Texas law says a landowner has no legal duty to share the cost or upkeep of a fence a neighbor built, unless there was a prior agreement.
The rule is old. Texas A&M AgriLife’s Texas Ag Law blog traces it to Nolan v. Mendere (1890), and notes that in Adair v. Stallings (1914) a court enforced an agreement between neighbors to maintain part of a fence (AgriLife, 2014).
So the practical answer for most DFW back fences is simple. If you both want a new fence and agree on a split, the agreement is what makes it binding. If only one of you wants it, the one who wants it pays.
Does the Texas Property Code require fence repair cost sharing?
No. The Property Code’s fence sections only limit what homeowners associations can ban; they say nothing about splitting cost between neighbors. The State Law Library lists two: §202.022 on pool enclosures and §202.023 on security measures, which include perimeter fences (Texas State Law Library, 2026-09-01). Both deal with HOA powers, not with which neighbor pays.
You may also see a claim circulating online that “Texas Agriculture Code Section 74.101” lets you make a neighbor pay half of a boundary fence. It doesn’t. Section 74.101 is the state’s eradication policy for the boll weevil and the pink bollworm, two cotton pests, and it says nothing about fences (Tex. Agric. Code §74.101).
Who owns the fence between two houses in Texas?
Under Texas case law, a fence one neighbor paid for alone belongs to that neighbor. FindLaw puts it plainly: when only one neighbor pays, the fence is not a common fence but the exclusive property of the builder (FindLaw, Texas property line and fence laws).
Where the line runs is a separate question, and a survey settles it. Fixr notes that a wood fence will likely need a current land survey, which also helps set property lines when the fence is the border between neighbors (Fixr, 2025). A Texas A&M Real Estate Center article notes that a survey is how you find out whether a fence matches the legal description of the lot (Texas A&M Real Estate Center). Frisco’s rule makes this concrete: no part of a fence may extend past any property line (City of Frisco FAQ).
Which side of the fence faces the neighbor is not something Texas law decides. Check your HOA’s rules, because associations may regulate the type of fencing (Tex. Prop. Code §202.023).
Can your neighbor remove or replace a shared fence without you?
The Texas Agriculture Code bars removing a jointly owned dividing fence without consent, and a fence attached to another owner’s fence needs six months’ written notice before it can be separated. Here is what the statute says:
- Without mutual consent, a person may not remove a separating or dividing fence they jointly own, or a fence attached to someone else’s fence (Tex. Agric. Code §143.121).
- The owner of a fence attached to another’s fence may withdraw it after giving six months’ written notice (§143.122).
- The owner of a fence wholly on their own land can require a neighbor to disconnect an attached fence, also with six months’ written notice (§143.123).
These sections date to 1981. The statute has no city-lot exception in its text, but neither the statute nor AgriLife’s commentary on it (AgriLife, 2018) says how it applies to a suburban backyard. If a neighbor is about to tear out a fence you paid for, or you want to separate your fence from theirs, get advice from an attorney before anyone pulls a post.
How to split the cost: a good-neighbor fence agreement
Put it in writing, because Texas courts enforce fence-maintenance agreements. FindLaw says an agreement between neighbors to maintain part of a fence is legally binding and enforceable, and AgriLife points to Adair v. Stallings as the case behind that rule. A one-page agreement signed by both owners should cover:
- The line. Where the fence goes, ideally from a current survey.
- Height and style. Height, material, board style and any gate, checked against the city limits below and your HOA rules.
- Who hires and who pulls the permit. One owner signs the contract and handles the city and HOA paperwork.
- The split. 50/50, or one owner pays for an upgrade (taller, or board-on-board) and you split the base cost.
- Tear-out. Who pays to remove and haul away the old fence.
- Upkeep. Who maintains which side or which run.
- Storm damage. What happens if wind or a falling tree takes it down. Without an agreement, FindLaw says a neighbor has no legal duty to help rebuild a fence destroyed by natural causes.
What if your neighbor won’t pay half?
You can’t make them, but you can still build. You can put a fence on your side of the line at your own cost, and because only you paid, it is your property (FindLaw). Texas also lets an owner build a fence that blocks a neighbor’s view, light or air, though a fence built out of malice can be a nuisance, known as a spite fence (FindLaw). If the old shared fence stays up in Plano, read the 3 ft separation rule in the Plano section below first.
What a 100 ft shared fence costs, and each neighbor’s share
At Fixr’s national cedar range of $15 to $30 per linear foot installed, a 100 ft fence costs $1,500 to $3,000, or $750 to $1,500 for each neighbor if you split it evenly (Fixr, 2025; our arithmetic). These are national figures, not Dallas prices, so get a written local quote before you agree on a number.
Fixr’s national installed prices (updated 2025-01-31):
| Item (Fixr, national) | Installed price |
|---|---|
| Wood fence | $15 to $35 per linear foot |
| Cedar fence | $15 to $30 per linear foot (materials alone $5 to $15) |
| Wood privacy fence | $17 to $37 per linear foot |
| 100 linear feet of wood fence | $1,500 to $3,500 |
| Remove and haul away an old fence | $2 to $5 per linear foot |
Here is what a 100 ft shared back fence works out to. This is our arithmetic on Fixr’s national ranges, not a quote:
| 100 ft shared fence (arithmetic on Fixr’s national ranges) | Total | Each neighbor, split 50/50 |
|---|---|---|
| Cedar, installed ($15 to $30 per ft) | $1,500 to $3,000 | $750 to $1,500 |
| Wood privacy, installed ($17 to $37 per ft) | $1,700 to $3,700 | $850 to $1,850 |
| Tear-out of the old fence ($2 to $5 per ft) | $200 to $500 | $100 to $250 |
| Cedar plus tear-out | $1,700 to $3,500 | $850 to $1,750 |
| McKinney permit, if one is needed (city fee) | $30 | $15 |
Fixr’s national permit estimate is about $70 to $200, but city fees vary. McKinney publishes $30 for a fence permit (City of McKinney). Dallas, Plano and Frisco fees weren’t on the city documents used for this guide, so ask the city when you apply.
If one of you wants an upgrade, such as a taller fence or board-on-board, one option is to share the base cost and have that owner pay the difference. Write it into the agreement.
Archetex builds cedar fences on galvanized steel posts and gives a written price after a free site visit. See cedar fence installation in Dallas for the styles and process.
Dallas fence permit: when replacing a back fence needs one
In Dallas, the checklist ties the permit to height: a permit is required to erect a fence over four feet high in a front yard or over six feet high elsewhere, and the maximum height of any fence is 9 ft. That comes from the City of Dallas fence permit checklist (dated 4/14/2025). A fence over 9 ft needs Board of Adjustment approval for its location in a setback, a building permit and an engineer’s seal. The checklist says nothing about repairs or replacements either way.
Our reading of that wording, not a city ruling: a 6 ft back fence is not “over six feet high,” so a 6 ft replacement may not need a permit, while a new 8 ft fence does. Confirm with the City of Dallas before you build. Three other things on the checklist can catch a replacement:
- Easements. The site plan must show easements, alleys and visibility triangles, and a fence in an easement needs written permission from the utilities.
- Conservation Districts. These need a CD Work Permit, and Planned Developments and Historic Districts may have their own rules.
- Flood plain. Fences in a flood plain go to Engineering review.
More on working in the city: fences and outdoor projects in Dallas. For other structures, see permits for decks and patio covers in Dallas.
Plano fence permit: the 25% repair rule and shared fences
Plano needs no permit for repairs not exceeding 25% of the fence’s area in a 12-month period; anything bigger needs a permit, fences top out at 8 ft, and the permit holder must request a final inspection. That is from Plano’s Residential Fence Permit requirements sheet (FM624RY022, rev. 08/25/25). The 25% rule is about repairs. A full replacement of a shared back fence is not a repair, so plan on a permit.
- Height. 8 ft maximum. In the required front yard, 40 in and at least 50% open.
- Inspections. A final fence inspection, plus a footing inspection where one applies.
- Shared fences. The checklist asks “Is this a shared fence?” and whether you are removing it.
- The 3 ft rule. A new fence parallel to and within 3 ft of an existing fence on the same lot means the old fence must come out. If a shared fence stays, the new fence needs 3 ft of separation (Sec. 6-179(b) and Diagram E on the sheet).
- HOA and fees. Plano tells applicants to contact their HOA for deed-restriction requirements, and refers to its fee schedule without listing an amount.
The 3 ft rule matters most when a neighbor won’t agree to replace. You can’t simply build a second fence tight against the old one. See fence and outdoor projects in Plano.
McKinney fence permit: like-for-like replacement vs. a change
In McKinney, replacing a fence at the same height, location and material counts as a repair and needs no permit; a change in any of those needs a $30 permit. The City of McKinney’s Fence Permits page says an existing fence needs a permit only if its height, location or material will change, and a permit is required where there is no existing fence.
- What triggers a permit. Going from 6 ft to 8 ft, moving the line, or switching material.
- Site plan. A survey or a hand drawing showing property lines, fence location, height, material, who is building it and the house.
- Height. Rear yard up to 8 ft 6 in. Front yard up to 48 in and at least 50% open.
- HOA and 811. The city says you may need to contact your HOA, and to call before you dig.
See fence and outdoor projects in McKinney.
Frisco fence permit: the two-section, 16-foot exemption
Frisco requires a permit for every fence except when repairing or replacing a portion of it, limited to two sections or 16 feet. That is from the City of Frisco’s FAQ on installing or repairing a residential fence. Replacing a whole shared back fence goes well past 16 ft, so it needs a permit.
- Height. Rear and side fences up to 8 ft from grade; front fences up to 4 ft.
- Property line. No part of a fence may extend past any property line.
See fence and outdoor projects in Frisco.
| City | Replacing a back fence: permit? | Max rear fence height | Published fee |
|---|---|---|---|
| Dallas | Required over 6 ft (over 4 ft in a front yard); no repair or replacement rule listed | 9 ft | Not on the checklist |
| Plano | Yes, unless repairs don’t exceed 25% of the fence’s area in 12 months | 8 ft | “Refer to the fee schedule” |
| McKinney | No, if same height, location and material; otherwise yes | 8 ft 6 in | $30 |
| Frisco | Yes, unless two sections or 16 ft at most | 8 ft | Not on the FAQ |
HOA rules on shared fences in Plano, McKinney and Frisco
Get the HOA’s written approval before the city permit: Plano and McKinney both send owners to their HOA’s deed restrictions, and Texas law lets HOAs regulate the type of fence. Under Property Code §202.023, an HOA can’t enforce a covenant that stops an owner from installing security measures, including a perimeter fence, but it may regulate the type of fencing. Section 202.023 was added in 2021 (HB 3571 and SB 1588). The State Law Library sums it up: the association can still limit the appearance and type of fencing. The section was amended again in 2025 (FindLaw Codes).
Whether your HOA pays for or maintains any fence is set by your own covenants, so read them. If you are weighing a modern look, see horizontal cedar fences and take the drawing to the HOA before you sign anything.
Call 811 before the old posts come out
Texas law requires you or your contractor to contact 811 two business days before digging, not counting weekends and holidays, even in your own backyard. The service is free, and building or repairing a fence is on Texas811’s list of projects that need a call (Texas811). If you hire a contractor, the call is the contractor’s job, and you can ask for the ticket number.
Who builds cedar fences in Dallas, Plano, McKinney and Frisco?
Archetex Outdoor Design Co. is a Dallas design-and-build outdoor company, owned by Matthew and rated 5.0 on Google from 17 reviews. Archetex builds cedar fences on galvanized steel posts, in privacy, board-on-board, horizontal and ranch styles, laid out to the property’s real lines and grade. Archetex also builds gates, including driveway gates.
If you and your neighbor are pricing a shared fence, Matthew can walk the line with you both and give a written price after a free site visit, so each of you is working from the same number. Book a free site visit or call or text (430) 318-6275.
