A guide discussing issues that may arise between neighbors on topics such as fencing, trees and noise.
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Nuisance is a common term used to refer a condition that may cause someone, often a neighbor, to feel inconvenienced or annoyed. Nuisances can be either public (affecting the general public) or private (affecting a specific person).
Public nuisances are regulated at both the state and local level. A private nuisance often requires filing a lawsuit if the parties cannot resolve the matter on their own.
Below you will find references to areas of Texas law that govern nuisances. The list of laws we provide on this page is not exhaustive as there are numerous state related to nuisances. The list we have created below is laws that we feel citizens may run into more frequently in their daily lives. Please contact the library if you need help locating any additional laws on nuisances.
If you find these statutes difficult to understand, please see the "Understanding the Law" resources below for a "plain English" explanation of these laws.
State law governing limitations on landowner's liability in civil suits and when an attractive nuisance claim may be applicable.
State law governing civil suits involving nuisances.State law that restricts the ability to bring a civil suit against a shooting range for noise or nuisance relief due to firearm discharge.
State law giving authority to municipalities to require landowners to keep their property free of weeds, brush and conditions constituting a public nuisance.
State law prohibiting public nuisances in the unincorporated areas of a county. State law providing authority to municipalities to regulate nuisances in their jurisdiction.State law for disorderly conduct. This law makes it a criminal offense to make "unreasonable noise" in or near a private residence that they have no right to occupy.
State laws giving authority to type-A municipalities to require a person to keep the front of their premise free of weeds and trash. It also gives them the authority to require a landowner to improve their sidewalk and allows home-rule municipalities to declare a defective sidewalk a public nuisance.
State law regulating outdoor signage on rural roads. State law prohibiting unauthorized signs, signals or markings on a highway. State law governing junked vehicles; declaring them a public nuisance.In addition to state law, cities and counties may have local laws related to nuisances within their area. See our Municipal Laws and Ordinances page for assistance locating your local city laws.
A 2016 blog post from the Texas A&M Agri-Life Extension discussing a Texas Supreme Court opinion that addressed and clarifIed the law of nuisance in Texas.
Created by the Community Development Clinic at UT Law School, this kit discusses nuisance properties and how communities can reduce their harm.
Answers from the Texas Association of Counties on various topics related to county government. Public nuisances are discussed.
Discussion from the MSU Law Center analyzing common elements in municipal ordinances that restrict the number of pets a person can own
Noise is a common complaint in neighborhoods. Texas law gives cities the ability to create local laws regulating noise. Counties, however, do not have the same ability and must rely on state criminal law to govern noise outside city limits.
In addition to these laws, property owners' associations may have rules within their community related to noise.
See the resources below for more information.
Answers from self-help legal publisher Nolo on how to handle noisy neighbors.Notice from Montgomery County, Texas that provides information on how Texas counties do not have the authority to enact noise ordinances.
Tenants also have a right to peaceful and quiet enjoyment of their rental property. This right is known as an implied “covenant,” or promise, under the law. While Texas does not have a specific state statute, there have been court cases over the years that address this topic. In addition, a written lease may also contain a clause guaranteeing this right during the tenant's lease term
This covenant prevents a landlord from disturbing their tenants. It also makes the landlord responsible for other tenants who create disturbances. It does not, however, make a landlord responsible for disturbances by strangers or people who do not also rent from them.
If your landlord's actions or inaction regarding other tenants is disturbing you in your rental, you may have the right to relief. A lawyer can advise you about how to proceed and what you might be entitled to. Our Legal Help page can help you find a lawyer or connect you with legal aid options.
See the resources below for more information.
Legal publisher Nolo has provided a brief definition of the right of quiet enjoyment.This article provides examples of disturbances to quiet enjoyment and explains what to do if you feel like your right to quiet enjoyment has been violated.
Page 69 of this guide to Landlord/Tenant law explains the covenant of quiet enjoyment and discusses remedies if the covenant has been broken.
Attractive nuisance is a legal doctrine intended to protect children who are too young to understand the dangers presented by manmade objects or conditions. If an unaccompanied child is trespassing on land and is injured due to these conditions, a landowner could be found liable if they did not take reasonable steps to eliminate the danger or otherwise protect children.
See the resources below for more information.
A 1997 article from the Texas A&M Real Estate Center discussing when a landowner could be liable for persons injured on their
property, particularly children. Discusses the use of the attractive nuisance doctrine.
A 2010 article from the Texas Bar Journal discussing injuries from recreational activities and the attractive nuisance doctrine.
Part of the series from the Texas A&M Agri-Life Extension discussing landowner liability and the attractive nuisance doctrine.
Unlike many states, Texas codified its attractive nuisance laws in 2016. This legal self-help website discusses the law and how it differs from common law.
A fact sheet from the Texas Agri-Life Extension on ways in which a homeowner can try to protect themselves if someone is injured on their property.
For complaints related to noise, contact your local law enforcement agency for assistance.
All other nuisance complaints can be filed with your local code enforcement or public health department. If your area of the state does not have a local agency that can investigate, complaints related to accumulated rubbish, abandoned property, tires, mosquitoes, high weeds, and other unsanitary conditions may be filed with the Texas Department of State Health Services. Information on how to contact their office to file a complaint can be found at the link below.
Please note that the Department cannot investigate noise complaints.
You can borrow the e-books below with your library account. Don't have a library account? Texas residents can register for a library account online! Learn more about how to register online.
This e-book provides information about your legal rights and responsibilities as a neighbor."This book from Nolo is updated to include the latest procedures for small claims courts in every state. It shows readers how to write a demand letter, file and serve papers, prepare and present a case, prepare evidence, and mediate an out-of-court settlement.
Practical, easy-to-understand answers to questions about common legal issues. Chapter 15 of this book discusses neighborly problems.
These print books are not available online. They are available at the Texas State Law Library in Austin. If you can't visit the library in person, these books might be available at a law library near you or a public library near you.
See Volume 18, Chapter 280 for a discussion on issues involving adjoining landowners.
See Volume 18, Chapter 281 for a discussion on easements.
See Volume 19A, Chapter 311 for a discussion on nuisances.
