Replacing super old fence - Legal question

[RiverRat1]

If one is replacing a fence that's way off the beaten path and the old fence is 100 years old (literally) does the fence go back where the old fence was... Or should the fence be built according to the survey plat?

Off the beaten path means no one ever gets back to the fence except to repair it. And most posts are not sunk in the ground. It's been moved over the years to go from tree to tree since ground is solid rock in a lot of places.

[BrianL]

Building new on property line, repair where it is.

[TacticalCowboy]

Building new on property line, repair where it is.

That’s what I’d say

[AntlerCollector]

Do what's right.



I would put it right back where it was unless I knew I was building a new fence on property that wasn't mine.

[Burnadell]

The first thing I would do is to ask a competent surveyor.

My thought is that if it is not a boundary fence, do whatever you want if it is your property!

[Burnadell]

The first thing I would do is to ask a competent surveyor.

I forgot to add a and a

[texan16]

If you feel like you are "gaining property" the way the fence is now I would replace it where it is. If you feel like you are "losing property" I would have it surveyed and put the fence on the proper property line and get your land back.

[abilliott]

I would maybe contact the adjacent owner and see if he had any thoughts or inputs. I would do so because I would want the "new" fence to be according to the actual property lines... whether you build right on the line and maybe they help with costs, or whether or not you build slightly inside your line (I prefer this but don't ask me why).

If the land owner doesn't have any livestock it should not be a big deal for you to remove and then replace. Seems like I read somewhere that in Texas, that if the fence is definitely on your side but the "other" owner uses it as a boundary fence, you have to give notice about what you intend on doing. I guess it is that way to keep someone from knowingly "taking up" their own fence and knowingly let someones cows/etc out.

[Swampa]

Do what’s right and live the good life[emoji41]


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[RiverRat1]

The first thing I would do is to ask a competent surveyor.

My thought is that if it is not a boundary fence, do whatever you want if it is your property!

Nice one! I'm retired so I don't count. Plus I was never competent or an RPLS

If you feel like you are "gaining property" the way the fence is now I would replace it where it is. If you feel like you are "losing property" I would have it surveyed and put the fence on the proper property line and get your land back.

The survey is easy. Plat says it's a straight line from iron rod to iron rod.

I would maybe contact the adjacent owner and see if he had any thoughts or inputs. I would do so because I would want the "new" fence to be according to the actual property lines... whether you build right on the line and maybe they help with costs, or whether or not you build slightly inside your line (I prefer this but don't ask me why).

If the land owner doesn't have any livestock it should not be a big deal for you to remove and then replace. Seems like I read somewhere that in Texas, that if the fence is definitely on your side but the "other" owner uses it as a boundary fence, you have to give notice about what you intend on doing. I guess it is that way to keep someone from knowingly "taking up" their own fence and knowingly let someones cows/etc out.

We are splitting the cost of the new fence. I would lose land if replacing where the old fence currently is. He feels he would lose land if I move it according to the plat. He feels he has owned it all the way to the old fence for the last 100 years.

There's no heat between us...yet. It doesn't equate to a lot of land 1-2 acres maybe but that's enough to put the brakes on. And I want the new fence straight so it looks good. The old fence going from tree to tree has a thousand bends LOL Sure they would straighten some but still would look like crap.

And this will be the first time in 20+ years this land can be accessed.. That's after the fence goes up and a semi-road is build along the fence.

[RiverRat1]

Do what’s right and live the good life[emoji41]


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And what's right?

And is right the same legally and morally in this case?

[JayB]

Border fences always go on boundary lines, as much as possible. Otherwise, the guy who has owned the property the longest thinks he owns all the way to the fence.

[thebowhunters]

Pin to pin Tim, that’s on the plat and that’s what is right. You can produce a plat and he can not so there you go, let the surveyors figure it out. Call me if you need a hand

[thebowhunters]

Pin to pin Tim, that’s on the plat and that’s what is right. You can produce a plat and he can not so there you go, let the surveyors figure it out. Call me if you need a hand

[thebowhunters]

Not sure on the double post, sorry