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???? Neighbor not willing to split cost of fence
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<blockquote data-quote="marksmu" data-source="post: 730758" data-attributes="member: 9219"><p>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.</p><p></p><p>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. </p><p></p><p>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.</p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="marksmu, post: 730758, member: 9219"] 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. [/QUOTE]
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