???? Neighbor not willing to split cost of fence

[Angus Cowman]

Atleast all you have to deal with is the Notherners from the city would much rather deal with them than the Arrogant know it all A$$HOLES from California that have owned a 3.2 acre ranch that move here and are gonna teach us ignorant hillbillies how to do anything and everything

...we have some people that fit this description to our west propertly line... and guess what? They're from back east and can head home anytime... can't wait for them to figure out that ranching is not the way for them and pack up and get gone! It's only been 2 years -- they should be gone soon.

I wasn't referring to all people from Ca just the ones who talk about their ranch and how they did things so much better in Ca and when the truth comes out their "RANCH" as they call it was 3-5 acres and they know everything

I have known a few ranchers, cattlemen from Ca that I respect and were very good hands but then again they had large ranches not 3 acre ranches

 

[marksmu]

Just for your own knowledge...I am an attorney by day (not actively practicing) but an attorney none-the-less, and I live in Texas. Texas is a county by county fencing state. There is not one single law that says you have to fence in or fence out...it is set by each county in Texas. A simple call to the sheriff in your area will get you an answer quickly b/c its almost a guarantee he has dealt with cattle issues. If not call the county judge and ask. The county judge will know.

Second. Adverse Possession DOES exist in Texas regardless of whether or not you have a survey. If you built your fence on their property you CAN adversely possess their property over a 10 year time frame. Certain conditions must be met. However, if you built your fence set IN your property and did NOT clearly mark your property lines (We set in a bit, but take our end posts to the property line and tag with a tin survey meets/bounds number) then they can adversely possess your property. When we split a fence with our neighbors to our East after Hurricane Ike we did not want to resurvey so we just each signed a fencing agreement that simply and clearly states, that the fence line is not the property line, the surveyed property lines remain in effect.

When you get them to sign a fencing agreement, it removes any possibility that the possession that they are making of your property is adverse, as they have agreed to it.

My own 2 cents on your issue - suck it up, and dont do that neighbor any favors. You have no legal recourse unless his cattle trespass and even then its minimal, and not worth your time or effort. Grass is valued VERY low in Texas, so the simple act of them trespassing wont get you much money at all. 99% of the time wont even cover costs. Im not being rude, just telling you how it is.

 

[Jogeephus]

Second. Adverse Possession DOES exist in Texas regardless of whether or not you have a survey. If you built your fence on their property you CAN adversely possess their property over a 10 year time frame. Certain conditions must be met. However, if you built your fence set IN your property and did NOT clearly mark your property lines (We set in a bit, but take our end posts to the property line and tag with a tin survey meets/bounds number) then they can adversely possess your property. When we split a fence with our neighbors to our East after Hurricane Ike we did not want to resurvey so we just each signed a fencing agreement that simply and clearly states, that the fence line is not the property line, the surveyed property lines remain in effect.

If you summarize our property ownership laws it boils down to history of use. The history of use is extremely important and like you point out it needs to be defined clearly on a piece of paper and not with a hand shake. Just because you set your fence back from the line does not mean you lose the land though. But if your neighbor puts his fence on your land you either need to make him move it or get an agreement like you say. One of the biggest problems I run into is access rights. Many times people will let someone go across their land to get to their land with only a handshake. Then time goes by and a new owner ends up with the property and they expect to have the same right. This is why I always get agreements like this in writing cause when I'm history there is a record of what went on.

 

[mas038]

Thanks for all the great advice, definitely something to think about...

 

[makemfat]

My land is bordered on two sides with neighbors that won't lift a finger, one side is wooded and unoccupied, and the fourth side is fronted by the road. The road side has a new and beautiful fence. All cross fences are new and beautiful. The wooded side has a good fence. The sides with the lazy neighbors, (both of which run way more head of cattle than I do), have the ugliest fences on the planet! I am the only one that works on it, and have decided they don't deserve a pretty fence. Therefore, I incorporate as many trees, saplings, mismatched posts, and scraps of wire as possible. As long as it keeps my cows and horses in, I no longer care what this stretch of fence looks like! I learned my lesson long ago!