Fence Lines

[jsach]

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!!

 

[Dragonpharm]

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.

 

[3Ts]

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.

 

[timbatrader]

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

 

[Mart5130]

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

 

[Shorteraaron]

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.

 

[Torvy]

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.

 

[ljjhouser]

Look at the law.

https://agrilife.org/texasaglaw/files/2016/08/Five-Strands-for-Download.pdf

That is interesting reading. Live and learn. Didn't know that.

 

[ljjhouser]

Those cows make good Pets? Probably need a shovel. Well, maybe that is a MOO t point!

 

[CMR]

My barb wire fence is the original from the homesteader who put it up in 1919. It’s black and doesn’t rust. It keeps the bulls out and the cows in so it isn’t getting replaced any time soon. It’s three strands, the bottom strand gets to as high as 24” in places. Antelope go under it, deer and elk hop over it. It doesn’t take much to keep cows in. I just make sure the corner posts are strong and the wire on the gates is four strand because a bull will lean on them once in a while. My wires aren’t even tight. In fact few of them are. I wouldn’t pay a dime for a new fence, I’d just patch the one you have.

 

[Varmintmist]

You dont have Black Angrys or Charolais then. If they see girls on the other side, what is in between doesnt exist.

 

[newbury]

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.

One of the main things only mentioned lightly so far is record for posterity with succinct notes and anything even slightly major get in writing with both parties signature.
Remember - he is your neighbor NOW, might not be next month. He just moved, it might be easier for him to pull up stakes and move to a piece of property that is more like what he wanted.

As several mentioned it would be good for him AND you if he cleared a little on YOUR side so either of you could run the fence line after major storms if necessary. I've read that sometimes they have storms in Texas.

And get some inexpensive video cams on your garden to document damage if that is a concern.

 

[Elembytes]

My property is timber thus I don't need a fence and only have it on 1 of the 4 sides. My neighbor's is pasture. My neighbor just sold his property and the new owner is moving cattle onto it. The fence line has barb wire but is old and well rusted and his cattle have been getting thru the fence and checking out our house the last few days (and occasionally getting onto the state highway). The new owner & I have talked about the problem and he is aware the fence needs to be replaced. He plans to bulldoze the fence line and put up a new fence. (The barbwire is embedded in many trees, some are about 2' diameter.) In the meantime he is trying to patch the fence to control the cattle. I have no problem with what he is doing or plans to do. However, what is the legal requirement for who pays for this fencing? He is looking at doing 5000', I'm ok with helping with the bill, but I'm concerned that the total could come to more than I can afford if I'm required to pay half. Anyone, especially in Texas, know what is required?

Here in Kansas the general rule is you stand facing your neighbor and you are responsible for everything on the right half of the line and the neighbor is responsible for half of the fence line going to his right. 50/50 deal. If you have a water gap normally the one who is running animals will take the responsiblity of the water gap.

 

[deezler]

Man, I would be pretty ticked off if my neighbor's animals kept getting loose, into my yard, and then I had to pay thousands of dollars for half of a fence I didn't necessarily want or need. Sounds like the OPs new neighbor is being pretty upstanding, though. Let him pay for the whole fence if he's willing to!

Agree with the others than if he is willing to keep it solely on his property, but also clear some 10-15 feet into yours, that would be ideal so you guys can run up and down both sides of it for maintenance/inspection/tree-protection.

 

[PILOON]

Perhaps it only in suburbs but;

A fence ON the property line is cost shared by both parties.

OTHERWISE
If not sharing it is to be inside of the builder's line usually by one foot so as to allow the owner space to maintain it.

 

[JWR]

My property is timber thus I don't need a fence and only have it on 1 of the 4 sides. My neighbor's is pasture. My neighbor just sold his property and the new owner is moving cattle onto it. The fence line has barb wire but is old and well rusted and his cattle have been getting thru the fence and checking out our house the last few days (and occasionally getting onto the state highway). The new owner & I have talked about the problem and he is aware the fence needs to be replaced. He plans to bulldoze the fence line and put up a new fence. (The barbwire is embedded in many trees, some are about 2' diameter.) In the meantime he is trying to patch the fence to control the cattle. I have no problem with what he is doing or plans to do. However, what is the legal requirement for who pays for this fencing? He is looking at doing 5000', I'm ok with helping with the bill, but I'm concerned that the total could come to more than I can afford if I'm required to pay half. Anyone, especially in Texas, know what is required?

Traditionally, nationwide, the person with the cattle is responsible for the fence. Unless you run cattle you are under no obligation to pay for it AT ALL. The fence is his responsibility. If there is disagreement about that, only then do you need to go look up Texas laws.

 

[tjus77]

I had the same problem where I lived previously, but the cattle owner was only leasing the property and was a real pain in the azz even after I offered to help pay for some of it and provide my labor. He told me it was a free range county and it was my responsibility to keep a tight fence. I called the county extension agent and he confirmed that our portion of the county was free range. He also informed me off the record, if the cows were not branded or tattooed, I could keep them, by that same law.

Next time it happened, I called him politely and told him if he didn't fix the fence ASAP and improved it, the next time I found his cattle on my property, he would find them hanging in my barn cooling, ready to be processed for the freezer. And explained the ENTIRE free range statute. A new fence was up the next week. Hope it all works out for you.

 

[Cameron Smith]

I'm aware that in Texas this won't work. As mentioned in an earlier post, it is cattle rustling. If I need to have the cattle removed, it has to be done by the County Sherriff.

That booklet posted by two_bit was very informative. It confirmed what I suspected. So far, the two of us are on good terms. But, his cows got out again - two days in a row. This is a closed range county and they were out on a Farm to Market road. Not good with the hills and low visibility we have out here. I help with what I can, but I've never run cattle so I don't have anything to deal with them. No ATV and they are faster than I am. I realized very quickly that trying to coral 20 cows while I'm on foot, just isn't going to work.

A great excuse to buy a four wheeler (or a horse)!!!