Fence Lines

   / Fence Lines #41  
Texas law regarding fences, by my reading and understanding is this:
You are under no obligation to share cost of the fence. However, if you do not share the cost the fence is exclusively the property of your neighbor, to do with as he pleases.

Should you not share the cost and in the future have livestock and want to use the neighbor’s fence for containment on that property line you would be at least ethically, if not legally bound to pay for half the fence.

If it were me, and I had no plans to get livestock I’d give the neighbor permission to clear the property line out to some agreeable distance on my property so he can build a good fence without nailing wire to trees and less chance of damage from falling limbs.

Nothing says “lazy farmer” like a crooked fence with barbed wire grown into pine trees every 50 feet!! I know, I have several like that!! 😊
 
   / Fence Lines #42  
Good fences make good neighbors but I would be cautious paying for too much. Once you start paying it becomes hard to stop. Also would advise being clear about what you want done with trees or fence on your property. I've had issues with the farmer that bought property on my eastern boundary. He informed my wife he was going to bulldoze the entire fence line and all the trees. Fence is century old barbed wire. Some of which has been swallowed inside trees. He was an ass to my wife so I spoke with him. He still thought he would take the trees. Checked the survey and it showed I owned the entire fence and in some cases 10' on his side. He still wanted to destroy everything. I and a friend who is a licensed surveyor dropped markers every 30' all the way down the line. He stopped by and talked to the surveyor. I then informed him nothing would be touched on my property. If he had been nice it wouldn't have gone that way.

Good luck.
 
   / Fence Lines
  • Thread Starter
#43  
Here's an update. There are still 4 of his cows in my forest - somewhere. I can't find them. He brought out help with horses to find them and was not able to do so either. He agrees there are 3 cows and a calf out there. We know where they've been because of tracks and droppings. The rest of the cows have been contained back on his property. He had a fence crew come out and put in a temporary fence that seems to be holding them. I think he is trying real hard to control his cows. We had him and his family come over for lunch and we talked about them among other things. The piece of property he bought wasn't quite what it was advertised as and he is in the process of dealing with all that and I've offered to help him where I can. He's told me what his plans are with the fence (hog panel fence with 1 or 2 strands of barb wire) and the time frame he intends to do it and I'm fine with the plans. (We'll have to see if he keeps to it.) The immediate problem is when the cows get into my garden and up around the house, they tend to break what they step on. So with patience and cooperation, I think we'll get this under control. So far I think he will be a good neighbor and there's been a mention about putting in a gate and letting me go fishing in his pond. Stray cows are an interesting way to meet your new neighbor.

BTW - he agrees with me on the survey, the fence line is on the property line, but there is a jog at each end and those are off by a bit.
 
   / Fence Lines #44  
While you are relying on the temporary fence I would consider spraying roundup along your boundary line on your side the grass on the other side of the fence is always greener if you can remove the temptation to push the fence a lot of the problems with the temporary hot wire fence will go. Cattle tend to be only looking one mouthful ahead they are not pushing through the fence to get into your garden they push through for that one mouthful and then move on to your garden as an afterthought
 
   / Fence Lines #45  
As has been said you must check local laws. Here in Virginia a property owner can force a neighbor to pay for half of a fence and can even go so far as putting the fence in and then sending the bill to the adjacent property owner without the adjacent property owners having any say so about the work, or it's cost, that was done.

A few years ago this resulted in a dispute between two neighbors in the county where I live that eventually resulted in one neighbor killing the other as they argued about the fence. They were both older and one ended up dead and the other in jail for life. What a way to live out your golden years.
 
   / Fence Lines #46  
1. Get a current survey done fulfill you didn’t when you bought your property
2. Personally I think it was irrresponsible of your neighbor to get cattle BEFORE fencing was in order. He did things backasswards
 
   / Fence Lines #47  
Fxfymn413 said:
As has been said you must check local laws. Here in Virginia a property owner can force a neighbor to pay for half of a fence and can even go so far as putting the fence in and then sending the bill to the adjacent property owner without the adjacent property owners having any say so about the work, or it's cost, that was done.

A few years ago this resulted in a dispute between two neighbors in the county where I live that eventually resulted in one neighbor killing the other as they argued about the fence. They were both older and one ended up dead and the other in jail for life. What a way to live out your golden years.
Click to expand...
The way I read that law in Virginia, proper notification is required before building the fence if you want the neighbor to pay for half of it. That gives the neighbor a chance to decide if they want to let their land lay open or not.

§ 55-317​

Obligation to provide division fences​

Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them shall choose to let his land lie open or unless they shall otherwise agree between themselves.
 
   / Fence Lines #48  
I would get a hold of county township regulations. If it’s his cows on his property I would assume he should be paying for fence. I would get the line surveyed so you both know where fence should be. May consider tossing him the cash to run a few more strands on your side or go higher to help contain the cows in his pasture.
 
   / Fence Lines #49  
This thread has been a good example of how we all cannot assume that just because things are one way where we live, that it is that way everywhere.

Even in our state of Texas, the rules are by county...even though people may think since they experienced something in Texas that it is a state law.

I only have one actual neighbor with whom to share a fence. The county road is the border on the long side, maybe 2000 ft. The opposite side is held by a corporation for mining rights. The one neighbor has chickens, no cattle or large livestock. Its going to cost about 15k to fence the whole thing...mostly due to steel prices. Fortunately, we don't have to rush that process.
 
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