Clearing for fence in Texas

[coyote creek]

Need guidance. The current fence between me and my neighbors is dilapidated and non existing in some areas. Their property is completely wooded and no cattle is on the property. I am wanting to build a new fence, but would need to access their property to clear a good fence line. I do not know the neighbors at all. I will be assuming all of the cost of the project as I don't think any financial assistance would be given and I'm ok with that I just want a good fence. I will be sending them a certified letter to inform them of the project. What does the letter need to include? Thanks

 

[Philip-TX]

TALK TO HIM. If my neighbor (met him or not) wanted to build a common fence and started communication with a certified letter, it would probably end up in the trash.

 

[farmguy]

Yes here where I live a certified letter rather than visit would be irritating. My reaction would be "why a letter".

 

[Lee VanRoss]

I agree talk with the neighbor first. Also take some time and find out what the local fencing laws require from each land owner.
Be sure you are on solid legal ground before you take any action. I would want to know my legal options before I did anything.
The county sherrif or the Board of Supervisors may have a hand book on county fence laws. good Luck

 

[coyote creek]

The owner of the property is in a nursing facility and the people living on the property is an adult child (one of several). I just assumed I would need to notify in writing.

 

[Lee VanRoss]

Such being the case you need to find out who the legal decision maker is for the property.
'Assuming' could leave you hanging out to dry.

 

[callmefence]

I can't for the life of me figure out why you would send a letter instead of swinging by and talking to your neighbor. .....but if that doesn't work you don't need him. I deal with it all the time.

The only laws you have to be concerned with is trespassing or property damage. You said the fence is non-existent. Take pictures of this before you start clearing. Also make sure the existing fence is on your property, if not leave it. Clear up to the property line and always if you're paying for a fence put it about 2" -4" instead property line. I Know you said you needed on his side, but I bet it can be done without crossing the property line. And things would have to get pretty bad to have that situation.

 

[ccr]

Why do you need to access neighbors property to build a fence on your property?

 

[MurraysMutts]

I would start by knocking on the door and talking to the folks that live there...

No sense in making a mountain of a mole hill.

As far as a letter, I'm no help there.

 

[bird dog]

Actually the letter makes sense as a way to protect your self and to make sure they are recieiving the letter but you need to explain all of that in the letter. A certified letter with a return receipt requested will at least give you proof that you informed them what you were going to do and have someone signature that they got it. In the letter I would ask to clear the fence line so many feet (10?) on both sides of the property line. It would be much easier to maintain that way instead of continuing to have to trim back the neighbors brush encroaching on the fence. You might also ask permission to spray his side to keep thing in check, Also in the letter you can ask who you would need to talk to in the family if other matters need resolved.

 

[sstterry]

Talk to them first and if everyone is onboard tell them that you will be sending the letter. Better yet, have them sign a paper that they are aware of the fence being built then you do not need a letter.

The best advice is, talk to them then have a local lawyer draw up something that shows you are not responsible for any damage and they are not responsible if you get hurt on their property.

Edit: Also, back that fence a few inches off the Property line so that there are no future problems.

 

[D2Cat]

Be sure you know where the property line is before you start, not just the existing fence.

 

[moses388]

fence line ≠ property line

 

[ccr]

Get it surveyed and have the surveyor put stakes along the property line.

 

[Dusty Britches]

Definitely talk to the other owner. Verbal discussions go a long, long way to building respect and avoiding hardships. If you are like me, it might take a few weeks to connect with them, but it will be time well spent.

As said fence line <> property line. In fact, I'm waiting on a surveyor now before I build my fence. I was told by the same surveyor that according to the notes the old fence was the property line to which I replied, "which old fence? There's 3 of them". Oops.

You can also get Texas Fence Law information from the Ag Law Blog: https://agrilife.org/texasaglaw/category/fence-law/

And the publication from the same source, under "Handbooks" https://agrilife.org/texasaglaw/published-materials/

 

[KAstocker]

I believe in some states, probably most, that a fence will eventually become the property line. Same goes for a drive that goes across someone else's property that you use to access your own property. If you've been using it long enough, you can claim an easement. I believe the time frame has to be a few decades for this stuff to set in place.

This is what I remember from a presentation given a few years back from a team at work that was working to map a long route for a telecom provider. They learned a lot about right of ways and property deeds.

 

[moses388]

In my situation the property line crisscrosses a creek at least 5 times, but it has been fenced so there are only 2 creek fences. Everybody involved has better things to do than fix creek fences all summer. All parties involved understand where the legal property line is.

 

[sstterry]

I believe in some states, probably most, that a fence will eventually become the property line. Same goes for a drive that goes across someone else's property that you use to access your own property. If you've been using it long enough, you can claim an easement. I believe the time frame has to be a few decades for this stuff to set in place.

This is what I remember from a presentation given a few years back from a team at work that was working to map a long route for a telecom provider. They learned a lot about right of ways and property deeds.

Not in Tennessee. Unless you are using the claimed property in an open and hostile manner. You must also maintain possession of it. If the owner later comes in and says, I knew, but I did not mind. It is still theirs.

I won't get into the easement part, because there are too many variables for an "easement of necessity". But simply using it for a long time is not enough.
I have no idea about MO law, but the Tennessee law is what most states have. It is based on the old English law of Adverse Possession (emphasis on both adverse and posession).

 

[KAstocker]

Not in Tennessee. Unless you are using the claimed property in an open and hostile manner. You must also maintain possession of it. If the owner later comes in and says, I knew, but I did not mind. It is still theirs.

I won't get into the easement part, because there are too many variables for an "easement of necessity". But simply using it for a long time is not enough.
I have no idea about MO law, but the Tennessee law is what most states have. It is based on the old English law of Adverse Possession (emphasis on both adverse and posession).

I believe this was for West Virginia, but I took it as common for other states.

 

[callmefence]

To my knowledge a fence never becomes a property line unless the property is surveyed and replatted that way. I look at lots of platts and it'll say called as fence on it. If the fence gets torn down and rebuilt the property line stays in the same place. The idea that a fence becomes the property line is for the most part wives tale.