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    High fence legal question

    I own 147 acres, it is rectangular in shape with a creek on one side. That creek is the boundary line for me and neighbor "John". John also owns to the west side of my property as well. We have got along for years and help each other out with cattle, fences or just drinking beer.

    The east side of my property has a smaller 60 acre tract that a hippy from San Antonio owns and he runs about 20 head of longhorns on it and the place is overgrazed. Hippy likes to deer hunt and put a blind on my fence and put a feeder 80 yards from fence. Hippy put a feeder 50 yards from John's fence and put a blind facing the fence. Hippy shot a deer and it "jumped" the fence and died on John's place.

    John called me right away and was hot. This would be the second deer that was dead on his property in two years that "jumped" the fence. The deer this time was a young 10pt and no blood was found on hippy's property. John let him recover the deer.

    Last Saturday I was informed by John he will high fence the entire boundary of his property including the creek. I told him that I hated to hear this and I did not like it. After all it was danged deer and not a 8000.00 Angus bull.

    Many years ago we put up a 4 strand fence along the creek and put it about 50 yards up on my property because of the way the creek floods. John said the high fence would be on my side and I said absolutely not. He told me he would get a lawyer and the high fence will be on my side of the creek. I walked off and got in my Mule. I will stop and talk to John again this weekend.

    Now, I got to ask this. Surely there is no way he can put that high fence on my property is there? Would he not have to put in on the actual boundary line? I cannot believe this is going to happen.

    #2
    Tell him to put it 50 yds on his side.

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      #3
      Originally posted by double bogey View Post
      Tell him to put it 50 yds on his side.
      We had that conversation, his side will require dozer work to do this. Then he said there was some law in Texas the prevents a waterway from being fenced and some other kind of bullchit I did not want to hear. That is why I walked away and will try to talk to him again later.

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        #4
        Originally posted by double bogey View Post
        Tell him to put it 50 yds on his side.
        He's trying to fence Radar out of the creek and not himself.

        At least he told you he was going to be an *** from step one.


        Take a copy of your survey when you talk to him and go ahead and post your land.

        Call his bluff on lawyering up. Tell him you'll hit him with trespassing if he's on your side of the creek. The gall to tell someone you're going to steal their land

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          #5
          Its obvious he can’t put the fence on your property. Is that the question? Sucks...

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            #6
            If he gets a lawyer, as stated, his lawyer will tell him he cannot put the fence on your property. He will also send him a bill. :-)

            Comment


              #7
              Originally posted by Raypo View Post
              Its obvious he can’t put the fence on your property. Is that the question? Sucks...
              Yes, he wants to keep the fence on my side and said there was a law allowing it because of flooding and waterway.

              I told him to high fence by the hippy's feeder and dont worry about it

              Comment


                #8
                Sounds like he is frustrated with the neighbor and you caught the tail end of the anger....

                do you want a high fence?

                If you two are in agreement at some point in the future, let him install a fence that encloses both of your tracts in one big fence.

                It sounds like it will only be less than a half a mile total at the top and bottom of your place, since the middle fence would now be on the outside of your tract. The money he is about to waste on a lawyer would probably pay for those two smaller sections.

                That way you can both enjoy the creek, have an agreement on the deer, and no one has to deal with the hippie.

                Comment


                  #9
                  Originally posted by Radar View Post
                  Yes, he wants to keep the fence on my side and said there was a law allowing it because of flooding and waterway.

                  I told him to high fence by the hippy's feeder and dont worry about it
                  If it was high fence you would lose access. I can’t imagine he could ever win that. I would contact an attorney.

                  Comment


                    #10
                    Certainly no lawyer, but just asking a question. Where exactly is the property line? Center of creek bed? One side or the other? If it's the center of the creek, he's may be right about fencing the water way idea. But whether or not that enables him to put a fence on your side of the creek, no clue.

                    Common sense says he shouldn't be able to fence side of the creek / property. Common sense and the law don't always match up though.

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                      #11
                      The creek is the boundary for the hippy too.

                      Comment


                        #12
                        Originally posted by mikemorvan View Post
                        Certainly no lawyer, but just asking a question. Where exactly is the property line? Center of creek bed? One side or the other? If it's the center of the creek, he's may be right about fencing the water way idea. But whether or not that enables him to put a fence on your side of the creek, no clue.

                        Common sense says he shouldn't be able to fence side of the creek / property. Common sense and the law don't always match up though.
                        Center line of creek is boundary.

                        Comment


                          #13
                          You might offer to help high fence along yours and his border with the hippy leaving the regular fence along the creek between you and John. This would solve both of your problems with the hippy and you could still remain friends. He can not fence you out of your property as the fence would be trespassing and would be supplying you with scrap metal.

                          Comment


                            #14
                            I had a similar issue with some acreage I once owned Jeff. Had a crooked creek that was the boundary. Neighbor asked if he could fence straight, mostly on his side. I had no stock so I said that would be fine as long as we kept the boundaries well marked. I came home one day after and looked at the fence only to learn that he had taken in part of mine up on the hill away from the creek to "compensate" for what he had lost. I called him and told him to move the fence back on the line.

                            His answer was "I gave you some down at the creek".

                            My answer was "That was for your benefit, not mine. Move the fence or I'll move it, but if I move it, I'll do it with a dozer, because I aint got time to do otherwise". He moved the fence.

                            Bottom line is, he's got no business building fence on your property, and if that's the kind of guy he is, he never really was a good neighbor.

                            I hope you get this straight without a big mess.
                            Last edited by Drycreek3189; 12-17-2018, 09:36 PM.

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                              #15
                              His lawyer will laugh at him.

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