I live in Texas and have had fences torn down and bulldozed by new neighbors. It's hard to prosecute this damage without witnesses, so I just end up re-fencing. Why must my fence be exactly on the boundary line? Since it's my property, can't I put a fence anywhere I want? There is a deed at the courthouse that shows the boundary lines, so why is it so important my fence be on the line?

The main legal connection between a fence and a boundary line is that over time the fence could be recognized as the actual boundary line. To avoid this you would have to use the land on the neighbor's side of the fence up to the actual boundary regularly and continuously.

For example, if the fence is built 10 feet inside your boundary and you mow the 10-foot strip outside the fence, no one can claim the fence is the actual boundary. Fences often are not placed directly on boundary lines to allow the fence owner to maintain his fence without trespassing on the neighbor's property.

In your case, the destruction of your fence may be an attempt by your neighbor to claim the fence is located on his property. If that is the case you will need to seek legal action to enforce your title and right to erect the fence on your property as recorded with the county. In most states, property owners have 10 years to claim their title to disputed land.

Another thing to consider is that in many states and counties, neighbors are required to contribute to the maintenance of a shared fence. The amount of contribution to the cost may depend on the needs of each landowner. A cattle rancher, for example, may be required to pay more than a neighbor who doesn't have animals. Research your county fencing laws and you may find you can force your neighbors to contribute to the reconstruction of your fence.

The agreement should specify the type of use allowed, and a legal description of the location and size of the strip, maintenance required of the neighbor, and your right to recover the easement if it is not used over a set period of time. Nothing contained herein should be construed as legal advice. The information provided is general only and should not be taken as the law in your particular jurisdiction. Any individual having questions concerning the status of or requirements under the law for any specific situation should consult a competent attorney. Subscription to The Progressive Farmer magazine does not create an attorney-client relationship.

(SK)

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