Discovering that a fence on your property (or your neighbor’s fence) isn’t sitting on the actual property line is more common than most Austin homeowners expect. And it’s a land ownership situation that no property owner wants to find themselves in.
This problem often surfaces when a homeowner orders a land survey before selling, they are refinancing, or they decide to install a new fence. Sometimes it’s just a few inches, but other times a fence has been significantly encroaching on a neighbor’s land for years.
Whatever the situation, how you respond matters. In Texas, ignoring an encroachment can have serious legal consequences, including the potential loss of part of your land. Acting quickly, communicating carefully and following the right process protects your property rights and keeps good neighbor relationships intact. Here’s what to do about issues regarding fencing that isn’t on property line.
Why Fences End Up Off the Property Line
Before diving into remedies, it helps to understand why this issue happens. Some of the most common causes include:
- Surveying errors — Even a small calculation mistake during a land survey can produce a noticeable discrepancy.
- Old or missing deeds — Older deeds may rely on landmarks that no longer exist or use ambiguous descriptions.
- Fence design and installation without a survey — Many homeowners and fence contractors install fences based on visual estimates, stakes in the ground or existing landscaping rather than an official survey.
- Natural property changes over time — Grade shifts, erosion or landscaping alterations can make an old fence line look incorrect even if it once was accurate.
- Open range with unclear perimeters – There are a lot of sizable properties in the outskirts where there’s still open range. In these areas there’s little definition for the perimeters of properties.
In many Austin, TX neighborhoods, fences have stood in the same spot for decades, outlasting the original owners and any documentation they may have kept. When those fences are finally surveyed, the gap between the fence and the true property line can come as a shock.
Steps to Take When a Fence Isn’t in the Right Yard
If you’re replacing a privacy fence or installing a new fence for better security and access control, you’ve got to be accurate with the placement or you put your investment at risk. Regardless of why the fencing isn’t aligned right, there are steps you should take to get it corrected.
Step 1: Get an Official Property Survey
The very first thing to do when you suspect a fence isn’t on the property line, or when someone raises the issue with you, is to commission a professional land survey if one doesn’t already exist. Do not rely on visual guesses, stakes or existing landscaping to determine your boundaries.
The Travis County Appraisal District (Travis CAD) maintains parcel data that can give you a general sense of your lot boundaries, but this is not a substitute for a licensed survey. Only a registered professional land surveyor can produce a legal, binding determination of your property lines.
When hiring a surveyor, make sure they are licensed in Texas. The survey is a legal document that clearly proves your lot’s boundaries based on the recorded metes and bounds in your deed. This becomes your primary piece of evidence.
If you’re in the process of buying or selling a home, your title company may already have survey data on file or can facilitate a new survey for the landowner. Check with your title insurer early since title insurance may cover costs associated with an encroachment dispute.
Step 2: Understand What Texas Law Says About Encroachment
Texas does not have a single statewide statute specifically governing boundary-line fence disputes, but state law and local court decisions have established important principles that every Austin homeowner should understand.
Fence Ownership
In Texas, if a fence sits entirely on your property, you generally own it and are responsible for its maintenance. A backyard fence that sits directly on a shared boundary line is typically considered jointly owned by both neighbors and both share in the cost of repairs. A boundary-line fence generally cannot be unilaterally removed by one neighbor without the other’s agreement. You may even want to get them to sign a form verifying this before removal.
Encroachment is a Legal Issue — Not Just a Neighborly One
When a fence extends onto someone else’s property, even by just a few inches, it constitutes an encroachment. The property owner whose land is being encroached upon has legal remedies available, including requiring the fence to be moved, pursuing damages or filing a lawsuit.
The Adverse Possession Risk
Warning: In Texas, if someone openly and continuously uses a strip of your land for a statutory period (typically 10 years under Texas Civil Practice & Remedies Code, Chapter 16), they may be able to claim legal ownership of that land through a doctrine called “adverse possession.” A misplaced fence that goes unchallenged can start that clock.
Texas courts have addressed this directly. In one well-known Texas appellate case, a fence that encroached only 9 inches onto a neighboring lot was found to be too slight a trespass to constitute the kind of open, hostile possession required for adverse possession. But larger encroachments or those where the encroaching party has been actively using the land can present a more serious legal risk.
The practical takeaway: the sooner you address an encroachment, the better. Every year of inaction is another year that could be counted toward an adverse possession claim.
Step 3: Review Austin’s Fence Regulations Before Making Any Moves
Before removing, relocating or replacing any fencing, it’s important to understand the City of Austin’s fence regulations. Moving a fence isn’t just a matter of pulling posts. The replacement fence must comply with current city code.
Height Rules
Austin’s Land Development Code specifies that a solid fence along a property line generally cannot exceed an average height of six feet, with a maximum of seven feet where there is a grade change of at least one foot. Solid fences up to eight feet are permitted in some situations, such as when a residential property adjoins a commercial or industrial property or when all adjacent property owners provide written consent.
Safe Fencing Requirements
On July 20, 2023, the Austin City Council passed updated “Safe Fencing” requirements designed to protect children and wildlife. These regulations apply to any new fence or any fence where at least 50% of the materials are replaced. Prohibited features include:
- Spiked pickets or bars
- Vertical pickets above a top rail that are spaced between 2 and 9 inches apart
- Any fence design that creates a substantial risk of entrapment or impalement
Permit Requirements
Most fence replacements in Austin do not require a permit, but you will need one if:
- The fence is more than 6 feet tall and is located along a City of Austin public right-of-way.
- The fence is 8 feet tall or taller at any point.
- The fence is located within a floodplain hazard area.
If you’re unsure whether a permit is required for your situation, contact Austin’s Development Assistance Center at (512) 978-4000 or schedule an appointment with the Development Services Department.
Step 4: Talk to Your Neighbors
Once you have your survey in hand and understand the legal landscape, approach your neighbor directly before taking any formal action. Many encroachment situations are the result of an honest mistake that neither party was aware of, and a calm, respectful conversation goes a long way.
When you meet with your neighbor:
- Present the official survey clearly and factually.
- Acknowledge that neither party may have known about the issue.
- Discuss possible solutions together, such as relocating the fence, entering a boundary line agreement or granting a formal easement.
- Keep the conversation documented and follow up in writing after any verbal discussion.
Tip: If your neighbor agrees to a resolution, put it in writing. A signed boundary line agreement that’s drafted or reviewed by a real estate attorney creates a legal record that protects both parties and travels with the property title.
Step 5: Consider Mediation If Boundary Agreement Talks Stall
If direct communication doesn’t resolve the issue, mediation is a smart next step before heading to court. The Austin Dispute Resolution Center (ADRC) offers affordable mediation services for neighbor disputes in Travis County. A neutral mediator can help both parties reach a mutually agreeable solution without the time and expense of litigation.
Options that might emerge from mediation include:
- Agreeing to relocate the fence to the true property line, with costs shared or assigned based on who was responsible for the original misplacement.
- Creating a formal easement allowing the encroaching fence to remain in exchange for compensation.
- Commissioning a joint survey with a surveyor agreed upon by both parties.
- Drafting a signed boundary line agreement that legally establishes the fence’s position.
Step 6: Escalate Legally If Necessary
If your neighbor refuses to cooperate, you may need to pursue legal remedies. Texas real estate law provides several options:
- Send a formal written demand via certified mail, requesting the encroachment be remedied. Keep copies of everything. This also serves notice — which is important for stopping any adverse possession clock from running.
- File a small claims case in Travis County if the encroachment has caused property damage and the amount in dispute falls within the small claims threshold.
- Pursue a Quiet Title Action — a lawsuit that asks a court to establish clear ownership of the disputed area.
- File a Boundary Dispute Lawsuit to have a court formally determine the true property line.
These legal processes can be lengthy and costly, so a consultation with a Travis County real estate attorney before filing anything is strongly recommended. An attorney can review your survey and deed documents, advise on the strength of your position and represent your interests in negotiations or court.
How to Protect Yourself Going Forward With a Fence Project
Whether you’re on the receiving end of an encroachment or you’ve discovered that your own fence is in the wrong place, there are steps you can take to prevent problems in the future:
- Always get a professional survey before installing a new fence. Never rely on visual estimates or existing fence lines to determine your boundaries.
- Walk your boundary lines annually and look for any encroachments from either side.
- Post “No Trespassing” signs if sections of your property are not actively used. This demonstrates active management and can strengthen your position in an adverse possession defense.
- If you permit a neighbor to use any portion of your property (even informally), put it in writing. Written permission eliminates the “hostile” element required for adverse possession.
- Pay your property taxes on time. Delinquent taxes create legal vulnerabilities.
- Document your property regularly with dated photos showing the boundary markers and fence lines.
When It’s Time to Replace or Relocate the Fence
Once the property line has been established and all parties are in agreement, the fence may need to be moved, replaced or newly installed on the correct boundary lines. This is where working with an experienced, reputable Austin fence contractor makes all the difference.
At Purple Fencing Company, we always review your property survey or plat before beginning any work. We take the guesswork out of fence placement so you never have to deal with a misplaced fence in the first place.
We offer a full range of fencing services, including:
- Fence Installation — New fences built precisely to your property line
- Fence Replacement — Removing old or misplaced fences and installing new ones correctly
- Fence Repair — Addressing damage, lean and deterioration
- High Quality, Low Maintenance Materials – Wood, Metal, Wrought Iron, Chain Link Fence and More
We serve Austin and surrounding areas including Travis County, Williamson County, Hays County, Bastrop County and Caldwell County.
Ready to Get Your Fence Aligned Right? Call the Expert Team at Purple Fencing Company
If you’ve discovered a fence that isn’t on the property line, whether it’s yours or your neighbor’s, don’t wait. The sooner the issue is addressed, the better protected your property rights will be.
Purple Fencing Company offers same-day inspections and free quotes that can help you figure things out. Our team is knowledgeable about Austin fence regulations and will ensure any new or relocated fence meets city code and is placed exactly where it belongs. Plus, you’ll get honest pricing for high-end craftsmanship that holds up in the Central Texas climate.
Legal Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Fence encroachment and property boundary disputes can involve complex legal questions. Consult a licensed Texas real estate attorney for advice specific to your situation.
