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Texas fencing law?

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waco_aggie05
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12:53p, 12/8/22
AG
I generally try to get along with everyone, especially neighbors. But I'm having a hard time with one right now regarding the fence between our properties.

We live on several acres outside of town. Moved here last summer. There is fencing ON the property line that I fully presume she paid for because her entire homestead is fully fenced with the same fencing. It's not chicken wire but a small gage wire fencing that keeps her chickens and dogs etc enclosed on her side.

We got chickens shortly after we moved in but last month we relocated them to her side of our property and are utilizing the property line fence as a portion of our enclosure. She's up in arms now that we are violating state law by using 'her fence.' I've used the google machine and see no such laws. I'll even cede that if these unruly chickens cause damage to her fence I'll be liable for the repair. I just don't see a bunch of double fences around Texas indicating we both mush fence our property if we both want to run livestock.

Am I out of line by wanting full use of my property?
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CorpsTerd04
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12:54p, 12/8/22
AG
The fence could very well be a few inches or feet onto her property. You need permission to tie in.
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uncover&humpit
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12:56p, 12/8/22
AG
2 words. Propane Cannon.
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schmellba99
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1:04p, 12/8/22
AG
If it is truly ON the property line, you can use it because it is a shared fence. If it is 1/16" on her side, her fence and her rules for it.

But more importantly....have you asked her why she is so upset over this?
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CS78
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1:12p, 12/8/22
No such laws. Ignore her but keep a close eye.
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cavscout96
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1:24p, 12/8/22
AG
A Landowner's Guide to Fence Law in Texas

this is an actual, no-kidding, expert on Ag Law.

OB should sticky this, it comes up about every three or four months
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cavscout96
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1:25p, 12/8/22
AG
from the link above pg. 18

The Texas Supreme Court has held that, "if one proprietor [encloses] his land, putting his fence upon his line, the owner of the adjacent land may avail himself of the advantage thereby afforded him of [enclosing] his own land without incurring any liability to account for the use of his neighbor's fence."
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waco_aggie05
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In reply to schmellba99 • 1:27p, 12/8/22
AG
Thanks for the responses. She's just a crotchety one. She has dozens of her own chickens which free range her entire yard (plus guineas which roam free onto our property constantly), so its not like she doesn't want them near her.

Heck if she had come to me personally to talk like reasonable adults I'd likely have consented to some sort of compromise. Instead she calls my wife first, even though she has my number and we've talked multiple times before, then today she verbally berated my children (5th and 6th grade) about it. Naturally she did not answer when I called to address that situation.

I'm not even 'tied in' to her fence. I have temporary fencing up and a stake butted up next to the property fence but am not attached in any way.
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cavscout96
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1:27p, 12/8/22
AG
...and later in the same para....

"...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.
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96ags
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In reply to cavscout96 • 1:28p, 12/8/22
AG
cavscout96 said:
A Landowner's Guide to Fence Law in Texas

this is an actual, no-kidding, expert on Ag Law.

OB should sticky this, it comes up about every three or four months
That piece of literature is an absolute must have if you own property in the state of TX.

Might also matter what county.
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normaleagle05
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In reply to waco_aggie05 • 1:29p, 12/8/22
AG
Have you read Second Edition Five Strands: A Landowner's Guide to Fence Law in Texas?

https://agrilife.org/texasaglaw/2022/06/20/second-edition-five-strands-a-landowners-guide-to-fence-law-in-texas/

Apparently I look things up slowly on the internet.

Though my link goes to the June, 2022, updated version. I don't what the difference is, yet.
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Tea Party
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1:33p, 12/8/22
New Neighbors annoying the Hell Out of Me | TexAgs

Is this your neighbor?
Learn about the Texas Nationalist Movement
https://tnm.me
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waco_aggie05
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In reply to cavscout96 • 1:36p, 12/8/22
AG
It is definitely on the property line and not offset inside her property line.

I guess the sentence that gets me in the literature is this:

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.

That seems somewhat contradictory of the previous statement that I can avail myself the advantage of the fencing if its on the property line.
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txyaloo
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In reply to waco_aggie05 • 1:41p, 12/8/22
AG
waco_aggie05 said:
Thanks for the responses. She's just a crotchety one. She has dozens of her own chickens which free range her entire yard (plus guineas which roam free onto our property constantly), so its not like she doesn't want them near her.

Heck if she had come to me personally to talk like reasonable adults I'd likely have consented to some sort of compromise. Instead she calls my wife first, even though she has my number and we've talked multiple times before, then today she verbally berated my children (5th and 6th grade) about it. Naturally she did not answer when I called to address that situation.

I'm not even 'tied in' to her fence. I have temporary fencing up and a stake butted up next to the property fence but am not attached in any way.
I understand a suppressed 9mm works really well for getting rid of guineas. I may know someone who has killed ~8 peacocks and ~5 guineas with one. They're extremely annoying birds.

I take it based on this complaint you didn't grow up in the country? Check your survey. If the fence is on her property, you have no legit use of it. Not sure there is a compromise in that case. Also, it's her land... If she wants to let her chickens roam, I'm not sure how does that have any bearing on your complaint? Obviously your kids should be left out of it, but I somewhat understand her feelings if she built the fence and it's fully on her property.

My new neighbors plopped an RV rental ~10' off my property line and built a huge dog boarding facility ~30' off it. Can't say I'm happy about it, but it's their land now, and they can do whatever they want with it as long as it's legal. We shouldn't have ever sold it.
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cupofjoe04
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In reply to cavscout96 • 1:45p, 12/8/22
AG
cavscout96 said:
A Landowner's Guide to Fence Law in Texas

this is an actual, no-kidding, expert on Ag Law.

OB should sticky this, it comes up about every three or four months days.
FIFY
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waco_aggie05
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In reply to txyaloo • 2:00p, 12/8/22
AG
txyaloo said:
waco_aggie05 said:
Thanks for the responses. She's just a crotchety one. She has dozens of her own chickens which free range her entire yard (plus guineas which roam free onto our property constantly), so its not like she doesn't want them near her.

Heck if she had come to me personally to talk like reasonable adults I'd likely have consented to some sort of compromise. Instead she calls my wife first, even though she has my number and we've talked multiple times before, then today she verbally berated my children (5th and 6th grade) about it. Naturally she did not answer when I called to address that situation.

I'm not even 'tied in' to her fence. I have temporary fencing up and a stake butted up next to the property fence but am not attached in any way.
I understand a suppressed 9mm works really well for getting rid of guineas. I may know someone who has killed ~8 peacocks and ~5 guineas with one. They're extremely annoying birds.

I take it based on this complaint you didn't grow up in the country? Check your survey. If the fence is on her property, you have no legit use of it. Not sure there is a compromise in that case. Also, it's her land... If she wants to let her chickens roam, I'm not sure how does that have any bearing on your complaint? Obviously your kids should be left out of it, but I somewhat understand her feelings if she built the fence and it's fully on her property.

My new neighbors plopped an RV rental ~10' off my property line and built a huge dog boarding facility ~30' off it. Can't say I'm happy about it, but it's their land now, and they can do whatever they want with it as long as it's legal. We shouldn't have ever sold it.
Not sure I even need a suppressor. I've popped a few with a BB gun just to keep them out of our yard. May upgrade to the .22 or shotgun though.

I grew up on 90 acres and the surrounding properties just ran cattle, no homesteads or neighbors for miles in any direction. I don't have a complaint, just wanting to see if hers was valid. What's funny is if I do decide to move the chickens to keep the peace our travel trailer will be going in their place. May splurge on a little extra mesh fencing and run along just to keep the peace. I'm not going to cede using a portion of land I bought to keep her happy.
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SteveBott
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2:08p, 12/8/22
AG
Did you get a new survey when buying the property? Or use the old one? May have to pay for a new one and make sure the property is marked by the surveyor
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waco_aggie05
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In reply to SteveBott • 2:15p, 12/8/22
AG
Just looked at my survey. It shows fence is on property line.
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ghollow
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In reply to waco_aggie05 • 2:17p, 12/8/22
AG
waco_aggie05 said:
There is fencing ON the property line that I fully presume she paid for because her entire homestead is fully fenced with the same fencing.

I would offer to pay your share of the side that you both use. You are getting the benefit of that fence.
So the greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced. It removes force from the equation... and that's why carrying a gun is a civilized act.
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waco_aggie05
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In reply to ghollow • 2:27p, 12/8/22
AG
I'm not opposed to that if she and I could have a reasonable discussion. She has a MO of being a loud mouth and bully though. Forced her ailing sister to move our recently.
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will.mcg
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In reply to waco_aggie05 • 2:46p, 12/8/22
AG
It sounds like you've taken great effort NOT to "use" "her fence". At this point I would say shove it unless you care that much about keeping peace. Obviously she doesn't. Personally I would move the chickens & replace with something much less desirable such as a very full skid o can (being sure the wind is blowing her direction).
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cavscout96
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In reply to waco_aggie05 • 2:51p, 12/8/22
AG
waco_aggie05 said:
It is definitely on the property line and not offset inside her property line.

I guess the sentence that gets me in the literature is this:

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.

That seems somewhat contradictory of the previous statement that I can avail myself the advantage of the fencing if its on the property line.
that just means they can take it down without your consent or refuse to replace / maintain it if it fails. Unlikely.
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waco_aggie05
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In reply to will.mcg • 2:58p, 12/8/22
AG
She is to my direct south so the wind should be in my favor a few more months
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ghollow
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In reply to waco_aggie05 • 3:36p, 12/8/22
AG
waco_aggie05 said:
I'm not opposed to that if she and I could have a reasonable discussion. She has a MO of being a loud mouth and bully though. Forced her ailing sister to move our recently.
Sorry to hear that. I have been blessed with having good neighbors most of my life. Our neighbor out at the farm is one of the finest people I know.
So the greatest civilization is one where all citizens are equally armed and can only be persuaded, never forced. It removes force from the equation... and that's why carrying a gun is a civilized act.
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redaszag99
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4:16p, 12/8/22
Why not put up chicken wire and t posts up next to her fence?
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TRIDENT
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4:33p, 12/8/22
AG
Since she berated your kids I'd park the RV there and get a jackass spare tire cover for her to enjoy.
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waco_aggie05
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In reply to redaszag99 • 5:02p, 12/8/22
AG
Because she's acting like a toddler. So my inclination is to return in kind. I'm actually quite the push over if you just talk to me. But going around me and addressing our beef directly to the kids just frustrated me.
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Rexter
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5:57p, 12/8/22
"Exclusive property" doesn't mean you can't run right up to it without tying in. "Exclusive use" would be different. It means that it belongs to them and you can't touch it. As long as your flock stays on your side, you should be good to go. I'd tell her to pound sand.
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Mas89
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In reply to waco_aggie05 • 8:22p, 12/8/22
AG
You need to get her opinion if the fence is entirely on her side of the property line and if she paid for it entirely. Unfortunately, can't always trust your survey showing it's on the property line. Best to drive a pipe inside each of your marked survey pins and pull a string line to see for sure.

And don't call or text. Drive to her house and talk in person.
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MouthBQ98
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8:25p, 12/8/22
AG
Sometimes it is best not to provoke a sociopath if there's a simple alternative, even if you are in the right.
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Bhoopal Reddy
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6:27a, 1/5/23
need a suggestion on upcoming hearing with HOA.
Background
I have installed a circular driveway with an extension to park the car behind existing fence.
The permit was obtained for the driveway by city and hoa. The driveway is poured. I have also modified the fence to park the car behind the fence into the drivewasy extension. I have not taken a permit to modify my existing fence. My contractor told me that it is not required if you are modifying. The modification included a solar based movable fence gate. I have used two different contractors.The fence looks exactly same as old fence except it has movable gate with same fence material


They found it as violation due to below
"No structures, buildings, fences or walls will be erected, placed or altered on any Lot until the building plans, specifications and plat showing the location of such improvements have been approved in writing as to conformity and harmony of external design with existing improvements in the Property by the Architectural Review Committee..."
This apparent deception to the HOA and it's unacceptable installation is completely contrary to our prevalent yard's design and all the other *** homes here, where no other homes have an electric motorized fence for allowing auto access going from their front yard into the back yard.

Therefore, the homeowners are required to completely remove, within 30 days, all portions of the unauthorized: electric motor & motorized front fence, wheels & etc. sections (between the home and facing towards and replace it with just the normal matching wood & stain fence (as before) with only a regular 3 4 foot wide pedestrian access gate with latch.


I have sent a letter apologizing about mis advice and not applying for the permit and I told them it was not my intention. They still rejected my appeal. In the hoa laws all it states is to get a permit nothing about the gate.
Please advice
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will.mcg
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In reply to Bhoopal Reddy • 9:56a, 1/5/23
AG
move

Serious reply: go around your neighborhood to try to find gates similar to your improvement so you can show that you have not "junked up" the neighborhood. Maybe ask to pay a fine for neglecting to check the bylaws regarding "fence alteration".

Then move.
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sunchaser
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12:05p, 1/5/23
AG
My subdivision has a lot of rules.Our lots are 1 to 2+ acres in size. All fencing is metal and a single type. No privacy fencing. Roof piping is a certain color. Air conditioners have to hidden with shrubs, Landscaping, No trailers, boats RV's etc parked outside for more than 48 hours etc.

The guy in the second house bought a red & black Ranger bass boat....Awesome looking. It was parked in front of a garage door. He started getting notices and it stayed outside. The HOA took him to court after 18 months or so.

Once in court he had a arm's length list of violations. One owner had put in a chain length fence in his back yard. Another had put in a wooden privacy fence. One of them was a HOA board member. Basically every rule had been violated by someone......his was the only violation to be addressed. Every board member was in violation of something. He knew that the cameras in the entrance/exit of the subdivision had not been working....the homeowners didn't know and we had several issues, the board.did know.

The board got a tongue lashing from the judge. I think they all resigned. We paid for his lawyer.

After that he parked it in the garage and the only time we ever saw it after that was when he was washing it after a fishing trip.

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CE Lounge Lizzard
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In reply to sunchaser • 1:07p, 1/5/23
AG
sunchaser said:
My subdivision has a lot of rules.Our lots are 1 to 2+ acres in size. All fencing is metal and a single type. No privacy fencing. Roof piping is a certain color. Air conditioners have to hidden with shrubs, Landscaping, No trailers, boats RV's etc parked outside for more than 48 hours etc.

The guy in the second house bought a red & black Ranger bass boat....Awesome looking. It was parked in front of a garage door. He started getting notices and it stayed outside. The HOA took him to court after 18 months or so.

Once in court he had a arm's length list of violations. One owner had put in a chain length fence in his back yard. Another had put in a wooden privacy fence. One of them was a HOA board member. Basically every rule had been violated by someone......his was the only violation to be addressed. Every board member was in violation of something. He knew that the cameras in the entrance/exit of the subdivision had not been working....the homeowners didn't know and we had several issues, the board.did know.

The board got a tongue lashing from the judge. I think they all resigned. We paid for his lawyer.

After that he parked it in the garage and the only time we ever saw it after that was when he was washing it after a fishing trip.

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Deats99
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In reply to CE Lounge Lizzard • 7:44a, 1/7/23
AG
So he acted like an arse. Got taken to court, got all his neighbors, including himself, to pay for his legal fees, then did what he was supposed to(put boat in garage)? Oh he paid for the HOA attorney also, or at least he will when the assessments come due.
When are people going to start fixing these things instead of fighting with them?
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
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