Originally posted by 250AI
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High fence legal question
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Adverse possession must be "adverse." If you permitted him to put the fence up on your side of the boundary, you have a good argument that his possession is not adverse. Additionally, if the fence was built 4 years ago, he has not had time to acquire title by limitations, even if his possession was adverse. I would not worry about adverse possession at this time. But it may become an issue over time. You should seek independent legal counsel to advise you further.
As stated above, it would be a trespass if he entered your property without permission.Last edited by Txhuntr2; 12-18-2018, 09:19 AM.
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If John is dead set on putting up a high fence, I would go with the suggestion of first putting it along Hippie's property line. If you do yours as well, it may just settle things down. But John has showed his hand either way. You need to consult an attorney to start taking steps to ensure he doesn't get any more ideas about taking your land.
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Sounds to me like the hippie illegally shooting across fence lines is leading to an illegal high fence. If you could build a fence on other peoples property then why doesnt Trump put our border wall 200 feet into Mexico, or better yet just build it on their southern border.
Maybe put up a hot fence between yall and the hippy.
Or relocate some skunks into his fence blinds.
I cant imagine floods, fence hunting hippies and longhorns are going to be very kind to a high fence.
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Originally posted by batmaninja View PostSounds to me like the hippie illegally shooting across fence lines is leading to an illegal high fence. If you could build a fence on other peoples property then why doesnt Trump put our border wall 200 feet into Mexico, or better yet just build it on their southern border.
Maybe put up a hot fence between yall and the hippy.
Or relocate some skunks into his fence blinds.
I cant imagine floods, fence hunting hippies and longhorns are going to be very kind to a high fence.
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Originally posted by Txhuntr2 View PostAdverse possession must be "adverse." If you permitted him to put the fence up on your side of the boundary, you have a good argument that his possession is not adverse. Additionally, if the fence was built 4 years ago, he has not had time to acquire title by limitations, even if his possession was adverse. I would not worry about adverse possession at this time. But it may become an issue over time. You should seek independent legal counsel to advise you further.
As stated above, it would be a trespass if he entered your property without permission.
I sure hope you guys can work this out to save all involved the headache. Trust me, when you cant get it resolved, it stays with you for years.... good luck, and God bless.
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If he really wants a HF he is going to have to put it on his side of the creek.
If he puts the HF on your side you can remove it via bulldozer. He also has not right to disturb the current fence that is on your property. If he starts being a real *** I would issue a trespass notification to restrict him from entering your property.
Hopefully though you two can work it out and continue to be friends. Not much worse than a dispute between neighbors. Especially over an idiot and a stupid deer.
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If "John" didn't straighten his act up PDQ I would remove current fence and tell him to build back on the property line and don't bother me anymore.
Does not sound too friendly to me if he is willing to take your land because it is convenient for him. Sounds like the Hippy would be easier to get along with
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