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Fenceline Law Question

13,553 Views | 100 Replies | Last: 3 yr ago by buzzardb267
cavscout96
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AgySkeet06 said:

I guess a lot of you are wealthier landowners than we are.

I just dont logically see how us having to pay almost $10,000 for land clearing and 2600' of fencing when the neighbor is not going to share any of the cost could then tie on and use that fence for his benefit.

All other neighbors we have a split materials/split section agreement for fencing
have you considered that the other owner may not be able to share the cost?
Caliber
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AgySkeet06 said:

I guess a lot of you are wealthier landowners than we are.

I just dont logically see how us having to pay almost $10,000 for land clearing and 2600' of fencing when the neighbor is not going to share any of the cost could then tie on and use that fence for his benefit.

All other neighbors we have a split materials/split section agreement for fencing

Well... You lose use of a part of your land by not building on the line.

What do you gain by being vindictive here? You're just setting yourself up for a further fight.

How did that conversation go with the neighbor? Feels like we're missing out on the details of why you want to spite them so bad...
hillcountryag86
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ldg397 said:

This would surprise me if in Texas you can't force their payment for 50% of the fence. Admittedly my experience is with Missouri range law But I would think texas would be similar and both parties are legally required to pay 50% of the fence regardless of which party needs the fence. The only other option is if you decide to each replace half you are responsible from the center of the border to the right as you walk up to the fence.


As others have said build it on the line don't do a buffer. I would think this would relieve them of some of their responsibilities as to repair and replacement of fence in the future.
Don't think that's the case. I haven't researched it but, I've built a lot of fence in recent years with multiple neighbors. All but one made it very clear to me they would not participate in any way - money, materials, labor - in putting up the fence.

I wanted good fences so I just built them.

I'm in a rural area but so many places are getting cut up and sold. Many new landowners are not like the oldtimers who believed in helping each other out. I run animals. Have one neighbor who has lectured me about shooting any kind of predatory animal. She doesn't maintain her place at all. No hunting, no brush or weed control. She won't let anyone lease her land. Nothing. Wants everything completely without any kind of human control.
CS78
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You do bring up a good point. As more land sells for non-cattle use, the less people will be willing to share the cost. If I'm using a property strictly for deer hunting, I cant justify dropping $10k for my neighbors cattle fence.

The other side of that is I have no problem with the neighbor building it in a way to prevent my use.
78_Pacecar
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AgySkeet06 said:

I guess a lot of you are wealthier landowners than we are.

I just dont logically see how us having to pay almost $10,000 for land clearing and 2600' of fencing when the neighbor is not going to share any of the cost could then tie on and use that fence for his benefit.

All other neighbors we have a split materials/split section agreement for fencing
$10,000 for land clearing and fencing? Good God, if the brush thicket is that bad you don't need the fence there. Happy cattle don't wander, Bulls are the exception but let's face it we've all gone through barriers chasing tail.

Is the land free and clear 3 feet away from the boundary? or will you still intend to pay that 3ft inside your property line?

Wire is fairly cheap, T-posts can be reused if in decent enough shape. Used telephone poles can be found easily, or at least they could the last time I looked.

You're a landowner, do you not have any equipment to do your own clearing? I think you should reevaluate that estimated cost of the fence.
hillcountryag86
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$10000 may not be that far off if he is paying for a turn key project. Cheapest labor for fence in hill country is about $2.50. Usually higher. Hi tensile 48" wire around $265 - $280. Add T-Posts, corner posts, braces, gates and he will be close to $10000
AgySkeet06
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78_Pacecar said:

AgySkeet06 said:

I guess a lot of you are wealthier landowners than we are.

I just dont logically see how us having to pay almost $10,000 for land clearing and 2600' of fencing when the neighbor is not going to share any of the cost could then tie on and use that fence for his benefit.

All other neighbors we have a split materials/split section agreement for fencing
$10,000 for land clearing and fencing? Good God, if the brush thicket is that bad you don't need the fence there. Happy cattle don't wander, Bulls are the exception but let's face it we've all gone through barriers chasing tail.

Is the land free and clear 3 feet away from the boundary? or will you still intend to pay that 3ft inside your property line?

Wire is fairly cheap, T-posts can be reused if in decent enough shape. Used telephone poles can be found easily, or at least they could the last time I looked.

You're a landowner, do you not have any equipment to do your own clearing? I think you should reevaluate that estimated cost of the fence.
Surveyors staked the property line about 15' behind that youpon....


Post Clearing with a mulcher, this runs 2600'. machine went right to the survey stakes


Good 6" cedar posts are running $8 each. Perimeter fence will be 1 cedar to 3 steel post, 5 wire
Costs add up real quick....
AgySkeet06
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cavscout96 said:

cavscout96 said:

Five Strands: A Landowner's Guide to Fence Law in Texas


seriously, read this.

pages 17 and 25 address your situation
You are right and we should be good.

Quote:

However, if the neighboring landowner does not participate in the costs of erecting the fence, it is not considered a common fence; rather, it is the exclusive property of the builder.22 Similarly, if a fence is built not on the property line, but instead on one landowner's property, then the fence is also considered exclusive property of that landowner.
Quote:

A good practice if you have to build a fence inside your own boundary is to write your neighbor and let him or her know that you still intend to use your property to the boundary and consider filing a record of this fact in the real property records of your county.
Additionally I found Texas Agric. Code Sections 143.121-.123, passed in 1981, where we can prevent the neighbor from tieing on to our fence
Quote:

...if a person owns a fence wholly on his or her property, he or she may require the owner of an attached fence to disconnect the attached fence after providing written notice six months before the required disconnection.

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AgySkeet06
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Not that confusing at all. We have just set the precedent that if the neighbor ever decides to put livestock on his new property that he will have to build his own fence to contain such livestock.
As pointed out in the state statue earlier, if the fence is contained within our property we can then deny them the right to tie onto it for their use (such as their livestock)
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hillcountryag86
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It may be in your right to deny him to tie in. And I understand your frustration at him not paying for any portion. But assuming tying on does not hurt or hinder you, maybe in the interest of keeping the peace you let him tie on. Tell him what kind of brace you want so he doesn't pull your fence down.
ldg397
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hillcountryag86 said:

ldg397 said:

This would surprise me if in Texas you can't force their payment for 50% of the fence. Admittedly my experience is with Missouri range law But I would think texas would be similar and both parties are legally required to pay 50% of the fence regardless of which party needs the fence. The only other option is if you decide to each replace half you are responsible from the center of the border to the right as you walk up to the fence.


As others have said build it on the line don't do a buffer. I would think this would relieve them of some of their responsibilities as to repair and replacement of fence in the future.
Don't think that's the case. I haven't researched it but, I've built a lot of fence in recent years with multiple neighbors. All but one made it very clear to me they would not participate in any way - money, materials, labor - in putting up the fence.

I wanted good fences so I just built them.

I'm in a rural area but so many places are getting cut up and sold. Many new landowners are not like the oldtimers who believed in helping each other out. I run animals. Have one neighbor who has lectured me about shooting any kind of predatory animal. She doesn't maintain her place at all. No hunting, no brush or weed control. She won't let anyone lease her land. Nothing. Wants everything completely without any kind of human control.


I have researched a bit more in Texas law and looks like you are correct for Texas. I was just shocked that Missouri is more restrictive and pro rancher than Texas laws. There are 10-12 predominantly livestock counties in Missouri that have opted out of state fence laws and legal requirement are as I described. Which is great for us just shocked Texas is not more restrictive.
cavscout96
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AgySkeet06 said:

Not that confusing at all. We have just set the precedent that if the neighbor ever decides to put livestock on his new property that he will have to build his own fence to contain such livestock.
As pointed out in the state statue earlier, if the fence is contained within our property we can then deny them the right to tie onto it for their use (such as their livestock)
not really. What you've done is given him about 1/5 acre of extra grazing. Does your county have a stock law? If so, do you think the Sheriff is going to come out to enforce it if his presumed future cattle graze across the boundary and up to your fence?

Seems like you're "cutting off your nose to spite your face."

Your fence. Do whatever you want, but seems pretty petty to me.
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GhostWipe15
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It's gonna be funny when your neighbor builds a fence on his line, then you have to maintain the 3' that your worried about while fighting two fence lines or you'll have to move yours again. Financially, your not gaining anything and risking more.
AgySkeet06
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geez guys, he literally cannot graze without building a fence or his livestock would be loose. we will essentially be leaving a 4 wheeler trail between the property line and our new fence

Rough schematic for reference.
tamc93
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Sounds like your mind is made up. 2 pages in and I do not know if I read that anyone thought this was a good idea.

Your money and future issues. Keep us posted in a few years.
txags92
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Am I remembering things poorly, or are there parts of Texas or all of Texas that are governed by a "fence out" law for livestock? My understanding was that in at least some counties, it was the responsibility of the landowner to fence out their property if they didn't want their neighbor's livestock on their land. If you are in one of those areas, it would be his responsibility to fence out your livestock and not yours. I am not an attorney, and I may have a terrible understanding of ranching/fence law, but I thought I read that somewhere in the past.

With all that said, this seems like a pretty petty disagreement. If the guy has no interest in running livestock on the property, why would he be interested in spending thousands of dollars to build your fence for your livestock? I get the neighbors working together thing, but when you start talking about thousands of dollars for something that may not benefit him at all, I can see why he would not be interested. Doing it the way you are doing may feel good from a vindictive angle, but you are setting yourself and your future heirs up for a lifetime of headaches, not to mention kicking off a relationship with your neighbor on a bad note.
SweaterVest
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This. We've paid the full cost of about 75% of the fencing work we've done over the past 5 years.

Not because our neighbors are dicks, they just didn't See the need to replace the fencing. I wish it worked out differently but sometimes it doesn't.

Maybe you could get the guy to pitch in for the clearing at least?
AgySkeet06
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txags92 said:

With all that said, this seems like a pretty petty disagreement. If the guy has no interest in running livestock on the property, why would he be interested in spending thousands of dollars to build your fence for your livestock? I get the neighbors working together thing, but when you start talking about thousands of dollars for something that may not benefit him at all, I can see why he would not be interested. Doing it the way you are doing may feel good from a vindictive angle, but you are setting yourself and your future heirs up for a lifetime of headaches, not to mention kicking off a relationship with your neighbor on a bad note.
No offense to the majority of desktop cowboys posting here but this is an economic gamble on the long game here.
With no fence he cannot have livestock, with no livestock he looses the ag exemption for taxes. If that doesn't bother him than fine good for the county and it gives us outer perimeter access for fence maintenance but if it does then there is potential for a long term lease for the roughly 0.18 acre strip of that will recoup the share cost of the fence and allow him to simply tie on to our corners
txags92
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AgySkeet06 said:

txags92 said:

With all that said, this seems like a pretty petty disagreement. If the guy has no interest in running livestock on the property, why would he be interested in spending thousands of dollars to build your fence for your livestock? I get the neighbors working together thing, but when you start talking about thousands of dollars for something that may not benefit him at all, I can see why he would not be interested. Doing it the way you are doing may feel good from a vindictive angle, but you are setting yourself and your future heirs up for a lifetime of headaches, not to mention kicking off a relationship with your neighbor on a bad note.
No offense to the majority of desktop cowboys posting here but this is an economic gamble on the long game here.
With no fence he cannot have livestock, with no livestock he looses the ag exemption for taxes. If that doesn't bother him than fine good for the county and it gives us outer perimeter access for fence maintenance but if it does then there is potential for a long term lease for the roughly 0.18 acre strip of that will recoup the share cost of the fence and allow him to simply tie on to our corners
All he has to do is get a wildlife exemption and he doesn't need to run livestock.
SweaterVest
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I don't think this will work out the way you envision it.

You do you though.

Blow on, my man.
txags92
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SweaterVest said:

I don't think this will work out the way you envision it.

You do you though.

Blow on, my man.
I agree. There are endless ways a neighbor can F with him to make his life miserable, and he seems to be setting himself up for a long unhealthy relationship. And all because the neighbor isn't willing to subsidize his livestock operation by helping build a fence he likely has no need for.
Caliber
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Ahh finally clicked... You're pissed about losing the long term lease that you had and you're holding this new buyer responsible.

Quote:

land that was a part of our ranch (a long term lease) was sold.


If you have to feel the pain, then he damn sure better feel it too.

Please correct that but so far the biggest transgression this guy has done is to not pay for your fence...

Realise you're kicking off a potential fued here. He can make your life hell... All over half a fence that you have to pay for either way.

Well good luck with that!
ldg397
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What is the long game here??

1. Ask for advice
2. Received advise you don't agree with and doesn't support your view
3. Insult advice givers for not agreeing with you
4. Wait for issues to arise that advice givers warned you about.

Looks like we are stage 4 so our work here is done I guess??
909Ag2006
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I am glad I am not OP's neighbor. Heaven forbid they use your fence, whatever that even fckn means.
"They weren't raiding a Girl Scout troop looking for overdue library books."
AgySkeet06
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It's ok, I asked for help with fence law and some good references were shared that supported our decisions. We have great relationships with our other neighbors for over 50 years when it comes to fence maintenance and costs. I didn't come here to bad mouth the neighbor but to make sure our investment was protected and not taken advantage of.
You can call me the jerk in the situation but I'm not the one that cut the chain on our gate and trespassed through our property to access his because he didn't know how to read his survey markers and too cheap to install his own gate off the access road.
Kurt Gowdy
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Quote:

Seems like you're "cutting off your nose to spite your face."
My attorney told me "penny wise but dollar dumb".
Wildman15
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AgySkeet06 said:

txags92 said:

With all that said, this seems like a pretty petty disagreement. If the guy has no interest in running livestock on the property, why would he be interested in spending thousands of dollars to build your fence for your livestock? I get the neighbors working together thing, but when you start talking about thousands of dollars for something that may not benefit him at all, I can see why he would not be interested. Doing it the way you are doing may feel good from a vindictive angle, but you are setting yourself and your future heirs up for a lifetime of headaches, not to mention kicking off a relationship with your neighbor on a bad note.
No offense to the majority of desktop cowboys posting here but this is an economic gamble on the long game here.
With no fence he cannot have livestock, with no livestock he looses the ag exemption for taxes. If that doesn't bother him than fine good for the county and it gives us outer perimeter access for fence maintenance but if it does then there is potential for a long term lease for the roughly 0.18 acre strip of that will recoup the share cost of the fence and allow him to simply tie on to our corners
I post from my phone, thank you very much.
STX Ag
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Why would you even cut the chain on your OWN gate?
AgySkeet06
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TexAg2k8
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If there's a chance that you'll want to sell this property in the future keep in mind that your placement of the fence inside the property line will be off-putting to most potential buyers.
eric76
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When I was a kid, one half section that we leased had the fence about ten feet or so inside the property for half a mile. On the other side of the fence was a dirt road across the end of the field for the neighbor.

So one day we pulled out the fence and plowed up the road. The neighbor was hopping mad about it but didn't have a legal claim to the land. What really made him mad was that the underground line for the irrigation well was just barely on his property. When irrigating (row irrigation at the time), the valve for the irrigation pipe was right by the property line and the pipe had to run across his new dirt road, make a 90 degree turn, and then run down along the road. It was a huge pain in the neck for him to irrigate.

Of course, they could have done without the road, but then he would have had to carry the irrigation pipe in and then walk in whenever he wanted to move the irrigation down a few rows.

These days, there is a circle on the field instead and no road.
Apache
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Another vote for "build on the property line".
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