I bought some property that is high fenced by default (adjoining neighbors are 8' high fenced except for the north property line which has a 6' high fence). The 6' fence was installed 20 years ago as retribution against my seller. He was luring in all the deer he could from the adjoining property with feeders and the adjoining owner got pissed and put up the 6' fence. The rest of his place is low fenced so there's really no need for him to have this high fence. My question is this - I've written the adjacent land owner's daughter (she inherited the place) and asked her if I could reduce the fence to four feet and allow the deer to migrate the way God intended. I'd do all the work and save the wire so it could be used elsewhere. I never heard back from her (she never replied to my email).

Can I just simply lower the fence to four feet? Does she have a legal right to contain the herd of deer on my place (90 acres). What are my legal options in regard to a high fence that I don't want? I appreciate any passing along any knowledge of fence laws regarding high fencing. A Texas Park and Wildlife biologist recommended I allow the herd to migrate for genetics reasons.

You'd have to survey to determine whose property the fence actually resides on.

Tear down the fence and put up flood lights.


Too soon?

MouthBQ98 said:

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You'd have to survey to determine whose property the fence actually resides on.

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I have a survey. Unfortunately the fence is exactly along the property line

You sound like a real peach of a neighbor

You can't change a neighboring landowners fence, just because you want to or in this case, don't like it.


Is this really the question you're asking?

I would find her phone number and call. So much gets lost in email, snail mail and text. Have a conversation, like neighbors used to do.

I'd just keep trying to contact other landowner and reinforce whatever you think are the positive aspects of 4ft vs 6ft to convince her its a good idea.

Yeah if there ever came an issue from you replacing the fence, your only defense being you sent an email to them isnt the best defense.

86Pilot said:

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MouthBQ98 said:

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You'd have to survey to determine whose property the fence actually resides on.

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I have a survey. Unfortunately the fence is exactly along the property line

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Sounds like the fence is half yours.

Before you touch it, make sure you weigh the risk of just how much you think she will care. Is she an absentee owner or does she actively manage the place? Is the rest of her place highfenced as well? Could your action cause her "loss"? Does she have animals that could get out? Etc.

If the fence in on the property line doesn't he have as much right to it as the other party?

Some items to consider from the Ag Code

SUBCHAPTER F. REMOVAL OF ADJOINING FENCES

Sec. 143.121. PROHIBITION. Except as provided by this subchapter or by mutual consent of the parties, a person may not remove a fence that is:
(1) a separating or dividing fence in which the person is a joint owner; or
(2) attached to a fence owned or controlled by another person.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.


Sec. 143.122. REMOVAL OF FENCE BY OWNER. A person who owns an interest in a fence attached to a fence owned in whole or in part by another person is entitled to withdraw his or her fence from the other fence after giving six months' notice of the intended separation. The notice must be in writing and given to the owner of the attached fence or to that person's agent, attorney, or lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.


Sec. 143.123. REQUIRING REMOVAL OF FENCE BY ANOTHER PERSON. A person who is the owner of a fence that is wholly on that person's land may require the owner of an attached fence to disconnect and withdraw the attached fence by giving six months' notice of the required disconnection. The notice must be in writing and given to the owner of the attached fence or that person's agent, attorney, or lessee.

Acts 1981, 67th Leg., p. 1351, ch. 388, Sec. 1, eff. Sept. 1, 1981.

https://guides.sll.texas.gov/neighbor-law/fences-and-boundaries

I'd hire a lawyer if you really want pursue it

Cause every option is most likely a varying degree of expensive from here on out

That said I'd be curious to hear how the GW, the Sheriff, and county judge would respond

CS78 said:

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86Pilot said:

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MouthBQ98 said:

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You'd have to survey to determine whose property the fence actually resides on.

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I have a survey. Unfortunately the fence is exactly along the property line

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Sounds like the fence is half yours.

Before you touch it, make sure you weigh the risk of just how much you think she will care. Is she an absentee owner or does she actively manage the place? Is the rest of her place highfenced as well? Could your action cause her "loss"? Does she have animals that could get out? Etc.

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The rest of her place is low fence. She wouldn't lose anything of value in my opinion.

retiredintx said:

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I would find her phone number and call. So much gets lost in email, snail mail and text. Have a conversation, like neighbors used to do.

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Yep, good advice here.

Regardless of the outcome, please come back and post. I'm curious how this turns out.

Had a property issue with a neighbor once and he opened up the conversation with a demand letter. It didn't go the way he wanted and he's been trying to "make nice" since.

Like stated above. Have a conversation with her and see how it goes. You'll catch a lot more bees with honey than vinegar.

Good luck!

Edit to say 4 minutes late on my reply

I'm kind of in the same situation along my south property line, except I paid for half the fence that was constructed. Recently new owners of the high fenced place have been shooting into my place. I know it's only hogs , but still illegal. I'm to the point of getting the GW out there with me and let them know the next time it happens, I'm taking down the half I paid for. Will be great to have axis, fallow and red stag running around!

6' fence will not contain whitetail.

Here's something else I haven't considered. This place is only 90 acres. Is there more value in a high fence place or low fenced 90 acres? I'm asking about the value because I'm going to flip it in a couple of years after all the improvements are complete.

jrbaggie said:

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6' fence will not contain whitetail.

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Is that opinion or fact?

You bought the place knowing what fence was there. That being said, you have every right to ask, and she has every right to tell you to pound sand.

Fact. Neighbor has 8' game fence. Was trying to move some of his breeder bucks around one day (8 bucks). They spooked, took off to back fence, two ran into fence and broke their necks, two checked up and turned and four cleared the 8' fence like a low hurdle.

My personal lease has badly grown up boundary line fences and the deer have trails thru most places but when spooked they just go over the top.

If an adult deer really wants over, they can jump that high in ideal conditions. If it isn't woven horse wire or goat wire or narrow gap barb wire with lots of stays, they'll wiggle under it.

86Pilot said:

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Here's something else I haven't considered. This place is only 90 acres. Is there more value in a high fence place or low fenced 90 acres? I'm asking about the value because I'm going to flip it in a couple of years after all the improvements are complete.

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My opinion as a person who does some recreational property investing. Leave the fence and buy some kind of exotics. Make it all pretty. Put it on the MLS next march when it greens up. Nobody looking for free range whitetail is going to be interested if it's neutered on 3 of 4 sides.

CS78 said:

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86Pilot said:

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Here's something else I haven't considered. This place is only 90 acres. Is there more value in a high fence place or low fenced 90 acres? I'm asking about the value because I'm going to flip it in a couple of years after all the improvements are complete.

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My opinion as a person who does some recreational property investing. Leave the fence and buy some kind of exotics. Make it all pretty. Put it on the MLS next march when it greens up. Nobody looking for free range whitetail is going to be interested if it's neutered on 3 of 4 sides.

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Great advice. That would even solve my high fence problem. I could put some blackbuck on the place.

Doc Hayworth said:

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I'm kind of in the same situation along my south property line, except I paid for half the fence that was constructed. Recently new owners of the high fenced place have been shooting into my place. I know it's only hogs , but still illegal. I'm to the point of getting the GW out there with me and let them know the next time it happens, I'm taking down the half I paid for. Will be great to have axis, fallow and red stag running around!

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Need help tearing down the fence? I will bring some prime beef, good booze and a rifle.

I'd like to take down a red stag without having to go to Patagonia to do it.

Did you buy the property with the fences already built? If you did, you should have considered the fence issue first. You either need to learn to live with it or put it back on the market.

OnlyForNow said:

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You can't change a neighboring landowners fence, just because you want to or in this case, don't like it.


Is this really the question you're asking?

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Wait, so if it's in disrepair I can't fix it if I have cows?

The OP clearly stated that the situation was known at purchase, he's exploring options, due to one side being HF for a different reason.

Just fyi, a 6' fence is by no means a "high fence" and deer are definitely coming and going over it. I've personally seen deer jump an 8'er on a full sprint. Don't waste your money buying critters and putting them on it because they will get out (unless it's blackbuck).

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Is that opinion or fact?

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I recall listening to Roy Hindes tell a story years ago about putting up a high fence, one of the first in Texas. They really had no idea what a whitetail was capable of jumping, so they went with a 7' tall fence. Didn't take long & they were welding a 1' extension on top of all those tee posts.

You know about a year ago i posted a thread about building a new fence (previously nonexistent) and in doing so was going to place it about 2ft inside my survey to make sure we were the owners of the fence since the neighbor chose not to share any costs. Many on here called me the Ahole neighbor for doing so yet here many of yall are respecting the other neighbors private property rights...smh

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Many on here called me the Ahole neighbor for doing so yet here many of yall are respecting the other neighbors private property rights

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1. We can respect property rights and you can still be an ******* neighbor. These things aren't mutually exclusive.
2. Opinions here are worth what you pay for them.
3. We all would have forgotten you were the one who put the fence in 2' inside the property line until you reminded us.
4. It's been a year, let it go!!

You weren't going to let your neighbor tie into your fence in the future out of spite. Still a dick head move, hth.

Was just reading the thread. Nothing to add except whitetails can and will jump 6' fences. Of course yearlings and or fawns can't.
I have seen mature deer make it over an 8 ft fence when pushed or in heavy rut.

Being a landowner I would follow the advice of others on here that said it's best to contact her, suggest a meeting in person if possible.
Lots better eye to eye than phone usually.
Good luck.