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Corpus Christi Boundary and Fence Law

Case LawBoundary Fences:Nolan v. Mendere, 14 S.W. 167, 168Griffin v. Sansom, 72 S.W. 864, 864Spite Fences:Harrison v. Langlinais, 312 S.W. 2d 286Tree Trimming:Brown v. Johnson, 73 S.W. 49Flusche v. Uselton, 201 S.W. 2d 58
Boundary FencesLandowner in Texas has no legal obligation to share in costs or future maintenance of fence built by neighbor, unless there was prior agreement to do so.If a boundary fence is destroyed by natural causes, a neighbor has no legal obligation to contribute to reconstruction.If only one neighbor pays for the fence, it is not a common fence but rather the exclusive property of the builder.If neighbors agree to maintain a portion of the fence, this agreement is legally binding and enforceable.
Spite FencesA landowner has a right to erect a fence or other structure even if it obstructs a neighbor’s view, lights, or air.Motive for erecting a fence is typically irrelevant, but property owners can’t use their property in a way that constitutes a nuisance.
Tree TrimmingTrees forming the actual boundary line between properties can’t be removed without the consent of both landowners.A landowner has the right to trim limbs or branches of boundary trees that reach onto his/her property so long as no damage to the other property owner.Branches can be trimmed only up to the property line.A tree’s owner is liable for damages caused to an adjacent landowner’s property by falling branches.
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