Legal Question in Real Estate Law in Texas

fence problem

i live in rural texas outside of city limits. i tore down a barbed wire fence that was on the property line because it was in poor shape and it was a safety hazard to my livestock, i then talked to my nieghbor about putting up a new fence (i am paying for it entirely). he disputed the property line even though there were survey stakes that proved him wrong. he does not want my fence post concrete on his property at all, which he can do i understand, but he still beleives there is some issue and has hired a laywer and told us to expect a letter from his lawyer. the fence was not concurrent with a ''legal'' fence in the state of texas (barbed wire with no fence stays) and it was not safe for my horses nor able to keep them in. i took down the fence without permission from him and was in the process of replacing it to keep my livestock in. do i have to fear any legal action? the fence was falling down and unsafe and basically worthless and it was on the property line.


Asked on 3/10/08, 1:41 am

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: fence problem

It sounds to me like the only way you could have a problem is if the fence you took down was in fact on his property, or if the new fence you build turns out to be on his property. Probably the safest thing to do, since you need a fence for your horses, is to get a surveyor out there to tell you where the real boundary is. That way you can be sure that you are building the new fence on your own property, and he won't have anything to say about it.

The problem could arise if it turns out you took down a fence that was on his property. That would technically be trespassing, and you would have removed his property (the fence.) However, if it really wasn't worth anything, and you built a new fence so that none of his livestock could get out, then there wouldn't be any damages for you to owe him. Also, if you erect a new fence on his property, that would also be trespassing, and maybe he could manufacture some damages out of it.

It doesn't sound like you need to worry, so long as you are careful and prompt about putting up the new fence. However, if you get served with legal process saying a lawsuit has been filed against you, then you should consult with a lawyer immediately to make sure he doesn't win some lawsuit against you without you being able to defend yourself.

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Answered on 3/10/08, 12:43 pm


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