Fence Lines

jsach · Sep 6, 2021

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 · Sep 6, 2021

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 · Sep 6, 2021

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 · Sep 6, 2021

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 · Sep 6, 2021

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 · Sep 6, 2021

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 · Sep 6, 2021

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.