B. Moss

Understanding Texas Fence Laws When Selling Land

When selling land in Texas, it’s crucial to understand the state’s fence laws. These laws influence property boundaries, ownership responsibilities, and liability in case of disputes. Ignoring them can lead to legal complications, so having a clear grasp of how they work is essential for landowners.

 

Key Takeaways

  • Texas Has Open- and Closed-Range Areas: Traditionally, Texas follows open-range laws, meaning livestock can roam freely. However, some counties have passed laws making them closed-range areas, which require landowners to confine their animals.
  • Fence Ownership and Maintenance: Unless there is a legal agreement, neighbors are not responsible for sharing the cost or upkeep of a fence.
  • Property Boundaries Matter: Fences should be properly placed to avoid boundary disputes or legal claims like adverse possession.

 

Understanding Open-Range vs. Closed-Range Laws

Historically, Texas has been an open-range state, allowing livestock to roam freely without requiring enclosures. However, many counties have shifted to closed-range policies, meaning landowners must keep their livestock fenced in. Understanding your county’s regulations is crucial to determine your responsibilities when selling land.

If you are unsure about your county’s classification, check with the local county clerk’s office or review Texas Agriculture Code records.

 

Fence Responsibilities Between Neighbors

Texas law does not require neighbors to share costs for building or maintaining fences unless there’s a written agreement. If a property owner constructs a fence along a shared boundary, they bear the full cost unless the neighbor voluntarily agrees to contribute. It’s always advisable to document any agreements to avoid misunderstandings.

 

Avoiding Property Line Disputes

Incorrect fence placement can lead to disputes between landowners. A fence that encroaches on a neighbor’s property or leaves portions of your own land outside its perimeter could result in legal challenges. In some cases, an encroaching neighbor may claim ownership of the enclosed area over time through a legal principle known as adverse possession. To prevent this, always have a survey conducted to confirm boundary lines before installing or selling fenced property.

 

Liability for Livestock and Roadway Safety

If you own land in a closed-range county, you are legally required to prevent livestock from wandering onto roads. Failure to do so can result in liability if an accident occurs. Landowners should ensure fences are well-maintained to avoid potential legal consequences.

 

Final Thoughts

Selling land in Texas involves more than just paperwork. Understanding fence laws helps sellers avoid conflicts, prevent legal liability, and provide clear information to buyers. By ensuring that fences are properly placed and maintained, landowners can confidently navigate the selling process with fewer complications.

 

Frequently Asked Questions (FAQs)

Do I have to maintain a fence my neighbor built?
No, unless you both have a written agreement, you are not obligated to maintain a fence your neighbor built.

How can I check if my county follows open- or closed-range laws?
You can contact your county clerk’s office or refer to Texas Agriculture Code records.

What can I do to prevent boundary disputes when selling my land?
Obtain a recent survey of your property to verify boundary lines. If there are any discrepancies, address them before listing the land for sale.

By being well-informed about Texas fence laws, you can ensure a smooth property sale while avoiding unnecessary disputes.

Table of Contents

Selling Concerns

What is the process for selling my land?

Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.

How much can I sell my land for?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.

How long does it take to sell my land to you?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.

Legal Concerns

What if one of the owners are deceased?

No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.

What if I owe a LOT of back taxes or have a lien on my property?

Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket. 

What if I don't have a copy of the deed?

This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.

Closing Concerns

What is a title search and why is it important?

A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land. 

How much will I have to come out of pocket?

You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.

Do I need to be physically present in the city of the property to sell my property?

No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.

Yes! I'm Ready to Sell My Land

⚠︎ DISCLAIMER:

The contents of this blog are for informational purposes only and should not be taken as legal or tax advice. You should consult a licensed professional for advise on your specific situation. The information in this blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. This blog is not intended to be a substitute for professional advice

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