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:
| Where the fence sits | What the manual says |
|---|---|
| Entirely on your neighbor's land | It is your neighbor's. Unless you have an enforceable agreement, you do not have to fix it, and you cannot make them fix it. |
| On your land | "It is your sole responsibility to repair it", but your neighbor cannot make you replace it. |
| Straddling the line, and both of you "use" it | Both of you own it, and you would share the cost of repairing and replacing it. The manual says to check local ordinances for what counts as "use". |
| Your neighbor's fence blown onto your land | You can remove it from your property. |
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.
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Sources
- Texas State Law Library, Neighbor Law guide, Fences and Boundaries (last updated September 1, 2026)
- State Bar of Texas, Disaster Manual, Section 3, on TexasLawHelp.org (last legal review July 31, 2025)
- City of El Paso, council agenda item, public hearing January 12, 2016: draft ordinance defining masonry wall and amending Section 20.16.020, Mandatory Walls (PDF, scanned)
- City of El Paso, Planning and Inspections overview (One Stop Shop address, hours and phone, phishing alert)
- Texas A&M AgriLife, Texas Agriculture Law blog, Texas Removal Fence Statute (September 17, 2018)
- Texas Property Code, section 202.023 (free copy on Public.Law)
- National Weather Service authors, Meteorological Aspects of the 2006 El Paso Texas Metropolitan Area Floods, National Weather Digest, August 2009 (PDF)
- Texas Water Code, section 11.086 (free copy on Public.Law)
- Texas State Law Library, Neighbor Law guide, Water Damage (last updated September 1, 2026)
- El Paso Water, Land Management (easement requests and customer service line)
- Texas Department of Insurance, what home insurance pays for structures (updated December 18, 2025)
Read on 2026-11-05. External pages can change.