Can I replace my fence without asking neighbors?

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Can I replace my fence without asking neighbors?

I am about to replace my fence do to some
weather damage. I have 4 neighbors that
border my property, one on each side and then
two in the back. One of the neighbors in the
back is being difficult and saying he does not
want me to replace it because I am upgrading
to a nice 8ft cedar fence that won’t match the
rest of his fence around his property. My
question is, can I just replace it anyway? My
house was built before any of the neighbor’s
houses around me and 4 years before this
neighbor in question. I paid for the fence, the
fence posts face into my yard all around. Does
this guy really have a say in what I do with the
fence? Thank you in advance.

Asked on February 7, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the fence is entirely on your land, even by an inch or less, then you can do anything you like with it regardless of what your neighbors think. If it straddles your land, so it is on both your and your neighbor's property, then yes, you would need their permission to do anything to it, because you cannot do something to a structure on their land--even partially on their land--without their permission.


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