I think..... Texas is a free range state, so you actually have to fence cows out... technically.

But to address your specific question, if you trespass to fix a fence, no matter the reason, you're still trespassing. If you tear down a replace a fence that you don't like because it's in disrepair, and it's not on your property, ya that's not really legal.

But if it's on the property line whose property is it on?

Typically it's shared interest.

Taken to the extreme folks would get mighty upset about you destroying a fence that isn't a plain ole barbed wire fence. So think of it like that, plus they own half so I figure some discussion would have to occur before you tore it down and rebuilt it.

Take wooden privacy fences in neighborhoods, shared interest and built on a property line and the "good" side alternates.

I think I'd consider finding a new hill to die on. Consider it a nice functional fence and a win.

I don't foresee talking to a petty petulant neighbor who installed a 6' fence as "retribution" to your seller being fruitful or ending with anything other than frustration.

If it's that big a deal, then definitely ask. If they tell you to pound sand, just be aware that nature will find a way. You can put up a feeder on your place with corn and hog attractant and let it work itself out.

You'll find out if deer can jump that fence and your neighbor will find out the cost associated with being petty.

I can't see how having high fence on one side of a property would do anything, can't deer just go around it?

MGS said:

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I can't see how having high fence on one side of a property would do anything, can't deer just go around it?

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If i understand the issue, the OP has a high fence on all sides except one, which has a 6' and he wants to make that one side a 4' so some deer can get in and out.

I'd probably evaluate the other sides and see if they are well within the property line so he could do what he wanted with it.

Maybe one borders a road and no other owners. I don't know.

Why are you only targeting the neighbor with the 6 foot fence to lower it? Why not the 8 foot neighbors?

docb said:

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Why are you only targeting the neighbor with the 6 foot fence to lower it? Why not the 8 foot neighbors?

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My guess is the 8 foot neighbors are even less likely to do it because they are entirely high fenced.

Here's a good article: https://agrilife.org/texasaglaw/2018/09/17/removal-fence-statute/

Don't remove the fence if it's on the property and they built it.

Gunny456 said:

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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.

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Depends on what she looks like.

Good read.
https://agrilife.org/texasaglaw/2014/05/19/texas-fence-law-open-range-or-not-part-1/