New land, new neighbor, He ows me money.

[Txwalt]

When I purchased the land (in Texas) I called the neighbor (lets call him Jack) and discussed building a fence between our properties. He said he had a dozer and could doze the property line. But he was real busy right now and couldn't make any plans. So I built the fence with the neighbor on the other side. After a year or so I started calling Jack. In Texas you can only let your land sit idle for 2 years (for ag exempt purposes, taxes). Jack said he was busy. With only 3 months left on the ag exempt I called him again. Now he says he's going to sell the property and has no interest in building the fence. So I call in some favors and start chainsawing 1500 ft of property line to run a string line to build a fence. Call in some more favors (this means I beg and pleaded with friends, explained the desperate situation I was in and asked them to come out and help) and build the fence. As soon as I'm done. He purchases the inbred cows that have been roaming around the property (His and mine) for 50$ a head from the owner (opposite side of me next to him) that can't keep his fence up (maybe 10 head of cattle). Well one heifer calf decided my pasture was greener and has been hanging with my herd (she's a fence crawler potbellied inbreed). Well I havn't given her much thought till one of the neighbors told me that Jack would like to get his calf back. She's been on my property for about 3 months now but probably only weighs 250lbs. Little drawf calf. Anyway, I called Jack tonight and told him I would pen his calf this Sunday and give him a call when I have her penned. I figure then I will ask him for $1500 dollars for his half of the fence. The fence is 1500ft long with flood prone creek going through it that has held up this year with historical rain fall #'s. I figure $2 a foot for the fence is fair and I'm going to ask him for $1500 dollars when he comes to pick up his calf. I know the calf isn't worth beans but this will be the first time I get to see him face to face to ask this of him. I'm mostly just venting but I think this is generous. Fence around here goes for atleast 3 dollars a foot with cedar posts. I used drill stem and T-posts on the whole 5-strand fence. Of course I don't think I'll get a dime from this guy then I'll have to switch the nice guy attitude real quick.

Walt

 

[CUZ]

Sometimes you just have to eat it. You built the fence for your own use. He'll get benefit from it but if he doesn't give you any money then I don't see where you can force him. It ain't fair. It ain't right. But that may be the way it is. Be sure to look down the road BEFORE you burn that bridge. Good luck.

Nice thing about this place is you can vent and somebody can relate to what you're going through. Hang in there.

Cuz

 

[dun]

As my dad used to say, I believe you've been peckered

 

[msscamp]

When I purchased the land (in Texas) I called the neighbor (lets call him Jack) and discussed building a fence between our properties. He said he had a dozer and could doze the property line. But he was real busy right now and couldn't make any plans. So I built the fence with the neighbor on the other side. After a year or so I started calling Jack. In Texas you can only let your land sit idle for 2 years (for ag exempt purposes, taxes). Jack said he was busy. With only 3 months left on the ag exempt I called him again. Now he says he's going to sell the property and has no interest in building the fence. So I call in some favors and start chainsawing 1500 ft of property line to run a string line to build a fence. Call in some more favors (this means I beg and pleaded with friends, explained the desperate situation I was in and asked them to come out and help) and build the fence. As soon as I'm done. He purchases the inbred cows that have been roaming around the property (His and mine) for 50$ a head from the owner (opposite side of me next to him) that can't keep his fence up (maybe 10 head of cattle). Well one heifer calf decided my pasture was greener and has been hanging with my herd (she's a fence crawler potbellied inbreed). Well I havn't given her much thought till one of the neighbors told me that Jack would like to get his calf back. She's been on my property for about 3 months now but probably only weighs 250lbs. Little drawf calf. Anyway, I called Jack tonight and told him I would pen his calf this Sunday and give him a call when I have her penned. I figure then I will ask him for $1500 dollars for his half of the fence. The fence is 1500ft long with flood prone creek going through it that has held up this year with historical rain fall #'s. I figure $2 a foot for the fence is fair and I'm going to ask him for $1500 dollars when he comes to pick up his calf. I know the calf isn't worth beans but this will be the first time I get to see him face to face to ask this of him. I'm mostly just venting but I think this is generous. Fence around here goes for atleast 3 dollars a foot with cedar posts. I used drill stem and T-posts on the whole 5-strand fence. Of course I don't think I'll get a dime from this guy then I'll have to switch the nice guy attitude real quick.

Walt

I do not understand this post, please explain it to me? Granted, in a perfect world all cattle owners would accept the responsibility that comes with the profession. Having said that, however, we both know it isn't going to happen. If we had waited for our neighbors to help us build our perimeter fences, we would have had an open range situation because it would have never happened. I also do not understand why your neighbor now owes you money for his calf ranging on your property - you had the option of sorting/penning/driving her back where she belonged, but you choose to allow this calf to stay on your property. Why do you now feel the owner owes you money? I'm missing something here.

 

[6M Ranch]

In Colorado, once he attaches a fence, gate, etc. to your fence, he is legally obligated to pay half of the cost. Take him to court.

 

[vs_cattle]

When I purchased the land (in Texas) I called the neighbor (lets call him Jack) and discussed building a fence between our properties. He said he had a dozer and could doze the property line. But he was real busy right now and couldn't make any plans. So I built the fence with the neighbor on the other side. After a year or so I started calling Jack. In Texas you can only let your land sit idle for 2 years (for ag exempt purposes, taxes). Jack said he was busy. With only 3 months left on the ag exempt I called him again. Now he says he's going to sell the property and has no interest in building the fence. So I call in some favors and start chainsawing 1500 ft of property line to run a string line to build a fence. Call in some more favors (this means I beg and pleaded with friends, explained the desperate situation I was in and asked them to come out and help) and build the fence. As soon as I'm done. He purchases the inbred cows that have been roaming around the property (His and mine) for 50$ a head from the owner (opposite side of me next to him) that can't keep his fence up (maybe 10 head of cattle). Well one heifer calf decided my pasture was greener and has been hanging with my herd (she's a fence crawler potbellied inbreed). Well I havn't given her much thought till one of the neighbors told me that Jack would like to get his calf back. She's been on my property for about 3 months now but probably only weighs 250lbs. Little drawf calf. Anyway, I called Jack tonight and told him I would pen his calf this Sunday and give him a call when I have her penned. I figure then I will ask him for $1500 dollars for his half of the fence. The fence is 1500ft long with flood prone creek going through it that has held up this year with historical rain fall #'s. I figure $2 a foot for the fence is fair and I'm going to ask him for $1500 dollars when he comes to pick up his calf. I know the calf isn't worth beans but this will be the first time I get to see him face to face to ask this of him. I'm mostly just venting but I think this is generous. Fence around here goes for atleast 3 dollars a foot with cedar posts. I used drill stem and T-posts on the whole 5-strand fence. Of course I don't think I'll get a dime from this guy then I'll have to switch the nice guy attitude real quick.

Walt

I do not understand this post, please explain it to me? Granted, in a perfect world all cattle owners would accept the responsibility that comes with the profession. Having said that, however, we both know it isn't going to happen. If we had waited for our neighbors to help us build our perimeter fences, we would have had an open range situation because it would have never happened. I also do not understand why your neighbor now owes you money for his calf ranging on your property - you had the option of sorting/penning/driving her back where she belonged, but you choose to allow this calf to stay on your property. Why do you now feel the owner owes you money? I'm missing something here.

I think he means he owes him for the fence and he is using the calf as means of communication

 

[Bez+]

You are not going to like this post - but think about it for a bit - I have a similar T-shirt.

Yup -take him to court and then guard your property 24 / 7 because he'll get you in the end. DO NOT be that stupid.

No. You are the person who built the fence and you are the person who did not pen and get rid of his fence crawler and you are the person who is pissssed off about someone else taking advantage of your work.

It is like this.

You work and he smiles.

Do nothing.

Anything that comes over the fence - give it a midnight trip about 60 miles away and drop it off. Get a trailer if you do not own one - and yeah - toss his cow for him.

Say nothing to this man - ever and do nothing for this man - ever.

But - every time you see him on the road wave at him and smile. Just keep on going. Any time he stops in to talk - greet him with a smile and then immediately tell him you are too busy to visit - "come back another time" - "and then we can have a coffee".

Sooner or later you will come out on top - but only if you keep your cool and are patient.

Do not take this guy straight on - he already is better than you and has proved it - now you just want revenge - great - I approve - even though you let your own foolishness get you into this.

Go and look in the mirror - that is the guy you can blame!!

You might as well ask yourself - if you stopped in to get / borrow something from your neighbour - and he said - "Hey, I want you to give me a couple thousand for .... " Your answer is likely not going to be a positive one.

Courts? Forget it - you are the person who will get the bad rep in the noeighbourhood. And finally - YOU should have go the money UP FRONT if you planned to do the work.

This neighbour owes you nothing. He has taught you a valuable lesson and he gave you a cut rate price.

In the real world this lesson could have cost you millions.

You simply should find a way to thank him. Quietly.

Bez+

 

[vs_cattle]

 

[backhoeboogie]

Good neighbors are hard to beat. I am replacing a section of fence and the neighbor on the other side insists on paying for all materials, since I am doing the labor.

Got another neighbor that sounds similar to your situation Walt. He is not worth going to jail over.

There is a world of difference between individuals.

 

[Caustic Burno]

When I purchased the land (in Texas) I called the neighbor (lets call him Jack) and discussed building a fence between our properties. He said he had a dozer and could doze the property line. But he was real busy right now and couldn't make any plans. So I built the fence with the neighbor on the other side. After a year or so I started calling Jack. In Texas you can only let your land sit idle for 2 years (for ag exempt purposes, taxes). Jack said he was busy. With only 3 months left on the ag exempt I called him again. Now he says he's going to sell the property and has no interest in building the fence. So I call in some favors and start chainsawing 1500 ft of property line to run a string line to build a fence. Call in some more favors (this means I beg and pleaded with friends, explained the desperate situation I was in and asked them to come out and help) and build the fence. As soon as I'm done. He purchases the inbred cows that have been roaming around the property (His and mine) for 50$ a head from the owner (opposite side of me next to him) that can't keep his fence up (maybe 10 head of cattle). Well one heifer calf decided my pasture was greener and has been hanging with my herd (she's a fence crawler potbellied inbreed). Well I havn't given her much thought till one of the neighbors told me that Jack would like to get his calf back. She's been on my property for about 3 months now but probably only weighs 250lbs. Little drawf calf. Anyway, I called Jack tonight and told him I would pen his calf this Sunday and give him a call when I have her penned. I figure then I will ask him for $1500 dollars for his half of the fence. The fence is 1500ft long with flood prone creek going through it that has held up this year with historical rain fall #'s. I figure $2 a foot for the fence is fair and I'm going to ask him for $1500 dollars when he comes to pick up his calf. I know the calf isn't worth beans but this will be the first time I get to see him face to face to ask this of him. I'm mostly just venting but I think this is generous. Fence around here goes for atleast 3 dollars a foot with cedar posts. I used drill stem and T-posts on the whole 5-strand fence. Of course I don't think I'll get a dime from this guy then I'll have to switch the nice guy attitude real quick.

Walt

Well you learned a good lesson on why I don't share fences with anyone. All my fences are set back at least 6 to 8 feet on the property line. I maintain my fence you maintain yours.

 

[Brandonm2]

I can't speak about Texas; but in Alabama you had better have the fence on the line. Under Alabama law, a fence becomes the line (no matter what the deed and the survey says) if it is there for 25 years. We made about $130,000 on a land deal several years ago because the original builder of the fence built it ~25 foot on his brother's property. You might be able to maintain a road outside your fence perimeter; but what happens when your dead and the neighbor insists that the fence is THE line and has always been the line???

 

[Caustic Burno]

I can't speak about Texas; but in Alabama you had better have the fence on the line. Under Alabama law, a fence becomes the line (no matter what the deed and the survey says) if it is there for 25 years. We made about $130,000 on a land deal several years ago because the original builder of the fence built it ~25 foot on his brother's property. You might be able to maintain a road outside your fence perimeter; but what happens when your dead and the neighbor insists that the fence is THE line and has always been the line???

Not in Texas paint the line purple and put the fence anywhere you like.

 

[MikeC]

I can't speak about Texas; but in Alabama you had better have the fence on the line. Under Alabama law, a fence becomes the line (no matter what the deed and the survey says) if it is there for 25 years. We made about $130,000 on a land deal several years ago because the original builder of the fence built it ~25 foot on his brother's property. You might be able to maintain a road outside your fence perimeter; but what happens when your dead and the neighbor insists that the fence is THE line and has always been the line???

Brandon. There is a thing called "Adverse Possession" in Alabama but it doesn't necessarily "automatically" give the property on the other side of the fence to the other landowner.

There is a matter of a "Survey" with proper corner "Monuments" that would detail the property line, whether a fence is there or not. Painted tree lines could determine the property line also.

As far as an "Adjoining" fence in Alabama, both users are required by law to pay for half. Went through court a few years ago about this and the neighbor was ordered to pay half.

The amount was determined by a person I chose, a person the neighbor chose, and one that they chose together to calculate a fair amount for both of us. I was pleased with the outcome.

 

[Joy in Texas]

I can't speak about Texas; but in Alabama you had better have the fence on the line. Under Alabama law, a fence becomes the line (no matter what the deed and the survey says) if it is there for 25 years. We made about $130,000 on a land deal several years ago because the original builder of the fence built it ~25 foot on his brother's property. You might be able to maintain a road outside your fence perimeter; but what happens when your dead and the neighbor insists that the fence is THE line and has always been the line???

Not in Texas paint the line purple and put the fence anywhere you like.

Uh CB I would check on that if I was you. Last year we had trouble with the neighbor that lives behind us on an easement.We had to hire a lawyer to fix that problem. Anyway the neighbor that lives to the side of us is a witch to start with. Anyway, I worked for a week all by myself pulling out blood weeds and stuff I didn't even know what it was.I was going to put net wire. She came out of the house screaming and cussing me out not to touch her fence blah,blah,blah..Then she proceeded to tell me that she owned 1 foot on our side. And I just looked at her.The marker is maybe 6 inches where her corner post sets.
Since we already hired the lawyer I called and ask him about it. He said,once a fence is in place that it determines the line. Especially, since her fence has been there for atleast 10 yrs.

 

[Txwalt]

Sometimes you just have to eat it. You built the fence for your own use. He'll get benefit from it but if he doesn't give you any money then I don't see where you can force him. It ain't fair. It ain't right. But that may be the way it is. Be sure to look down the road BEFORE you burn that bridge. Good luck.

Nice thing about this place is you can vent and somebody can relate to what you're going through. Hang in there.

Cuz

I like your advice and I'll take it. I'll give Jack his calf back on Sunday and ask him about compensating me for the fence. If he hee haws or just says no that will be fine and the end of it. I don't need to turn a neighbor into an enemy. I don't want to have to guard my property 24/7 either. I'm sure one day my cattle will get on his property and hopefully he'll just give me a friendly call.

Thanks Cuz

Walt

 

[Txwalt]

When I purchased the land (in Texas) I called the neighbor (lets call him Jack) and discussed building a fence between our properties. He said he had a dozer and could doze the property line. But he was real busy right now and couldn't make any plans. So I built the fence with the neighbor on the other side. After a year or so I started calling Jack. In Texas you can only let your land sit idle for 2 years (for ag exempt purposes, taxes). Jack said he was busy. With only 3 months left on the ag exempt I called him again. Now he says he's going to sell the property and has no interest in building the fence. So I call in some favors and start chainsawing 1500 ft of property line to run a string line to build a fence. Call in some more favors (this means I beg and pleaded with friends, explained the desperate situation I was in and asked them to come out and help) and build the fence. As soon as I'm done. He purchases the inbred cows that have been roaming around the property (His and mine) for 50$ a head from the owner (opposite side of me next to him) that can't keep his fence up (maybe 10 head of cattle). Well one heifer calf decided my pasture was greener and has been hanging with my herd (she's a fence crawler potbellied inbreed). Well I havn't given her much thought till one of the neighbors told me that Jack would like to get his calf back. She's been on my property for about 3 months now but probably only weighs 250lbs. Little drawf calf. Anyway, I called Jack tonight and told him I would pen his calf this Sunday and give him a call when I have her penned. I figure then I will ask him for $1500 dollars for his half of the fence. The fence is 1500ft long with flood prone creek going through it that has held up this year with historical rain fall #'s. I figure $2 a foot for the fence is fair and I'm going to ask him for $1500 dollars when he comes to pick up his calf. I know the calf isn't worth beans but this will be the first time I get to see him face to face to ask this of him. I'm mostly just venting but I think this is generous. Fence around here goes for atleast 3 dollars a foot with cedar posts. I used drill stem and T-posts on the whole 5-strand fence. Of course I don't think I'll get a dime from this guy then I'll have to switch the nice guy attitude real quick.

Walt

I do not understand this post, please explain it to me? Granted, in a perfect world all cattle owners would accept the responsibility that comes with the profession. Having said that, however, we both know it isn't going to happen. If we had waited for our neighbors to help us build our perimeter fences, we would have had an open range situation because it would have never happened. I also do not understand why your neighbor now owes you money for his calf ranging on your property - you had the option of sorting/penning/driving her back where she belonged, but you choose to allow this calf to stay on your property. Why do you now feel the owner owes you money? I'm missing something here.

I think you made some assumptions about the calf. I really don't mind about the calf being on the place. As far as the fence goes we both purchased our properties at about he same time and I called him. He said he planned on putting a fence up but was just busy at the moment. I called him a couple of times and recieved the same response. When we only had a few months to get the fence up then he says he's going to sell it. Now instead of the fence line getting cleared with a dozer. I'm doing it by hand not too mention the time constraint. Then when I get the fence up he cross fences his property and puts cows on it. I think I have every right to be a little miffed. I think the right thing for him to do is to compensate me for half of the fence. Now that would be in a perfect world and of course we don't live there.

Walt

By the way thanks for all the posts.

 

[farmwife]

There are proper channels, but you can recoop payment for keeping the calf. Still looking for the fence question.

§ 142.003. DISCOVERY OF ESTRAY; NOTICE. (a) If an
estray, without being herded with other livestock, roams about the
property of a person without that person's permission or roams
about public property, the owner of the private property or the
custodian of the public property, as applicable, shall, as soon as
reasonably possible, report the presence of the estray to the
sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this
section that an estray has been discovered on private property, the
sheriff or the sheriff's designee shall notify the owner, if known,
that the estray's location has been reported.
(c) After receiving a report under Subsection (a) of this
section that an estray has been discovered on public property, the
sheriff or the sheriff's designee shall notify the owner, if known,
that the estray's location has been reported, except that if the
sheriff or his designee determines that the estray is dangerous to
the public, he may immediately impound the estray without notifying
the owner. If the owner does not immediately remove the estray, the
sheriff or the sheriff's designee shall proceed with the
impoundment process prescribed by Section 142.009 of this code.

Amended by Acts 1987, 70th Leg., ch. 51, § 1, eff. Sept. 1, 1987.


§ 142.004. REDEMPTION. (a) The owner of the estray may
redeem the estray from the owner or occupant of private property by
the payment of fees and damages as provided by this chapter.
(b) If the owner of the estray does not redeem the estray
within a reasonable time after notification, the sheriff or the
sheriff's designee shall, at the request of the property owner,
proceed immediately with the impoundment process prescribed by
Section 142.009 of this code. During that period, the estray may
not be used for any purpose by the owner or occupant of the
property.

Amended by Acts 1987, 70th Leg., ch. 51, § 1, eff. Sept. 1, 1987.

 

[Joy in Texas]

I can't speak about Texas; but in Alabama you had better have the fence on the line. Under Alabama law, a fence becomes the line (no matter what the deed and the survey says) if it is there for 25 years. We made about $130,000 on a land deal several years ago because the original builder of the fence built it ~25 foot on his brother's property. You might be able to maintain a road outside your fence perimeter; but what happens when your dead and the neighbor insists that the fence is THE line and has always been the line???

Not in Texas paint the line purple and put the fence anywhere you like.

Uh CB I would check on that if I was you. Last year we had trouble with the neighbor that lives behind us on an easement.We had to hire a lawyer to fix that problem. Anyway the neighbor that lives to the side of us is a witch to start with. Anyway, I worked for a week all by myself pulling out blood weeds and stuff I didn't even know what it was.I was going to put net wire. She came out of the house screaming and cussing me out not to touch her fence blah,blah,blah..Then she proceeded to tell me that she owned 1 foot on our side. And I just looked at her.The marker is maybe 6 inches where her corner post sets.
Since we already hired the lawyer I called and ask him about it. He said,once a fence is in place that it determines the line. Especially, since her fence has been there for atleast 10 yrs.

JoyInTexas - I have some doubts about your lawyer. If the fence were the letter of the law - as to legal boundaries then, there would be no need for official surveys!! What your lawyer is suggesting is that I can erect a fence across your property and claim the land if you don't say anything about for ten years. I think the legality of an official survey overrides the influence of a fence.

No that is not what I said. The fence has been in place for 10 yrs. dividing our 2 properties. When we had our land survey the marker is about 6 inches from her corner post. She has decided she owns a foot on our side from the marker.

 

[Brute 23]

In Texas, when a fence dividing two seperate properties has been there for more than 10 yrs it becomes the new property line. :shock:

Walt.. you can ask for the money... but you probably wont get it. His time will come... what goes around come around.

We have a neighbor at one of our properties that refused to help with fences and was just an all around pain in the azz. Know your rights and you can get them back 10 times better. We are in the process right now of making him see the light.

 

[Caustic Burno]

In Texas, when a fence dividing two seperate properties has been there for more than 10 yrs it becomes the new property line. :shock:

Wrong put it in court and try it. You don't even have to fence your land in Texas as long as the property line is clearly identified. Seen a guy from Hoston buy a piece of property and try that one up here lost the case, had to tear up the old fence and build a new one.

You are talking acverse possesion all you have to do is file crimanal tresspass against the fence builder within five years.
Texas has several different adverse possesion laws to claim the land the person fencing must pay the taxes and hold it for sevsn years, or hold the land for 25 years without paying the taxes.