FENCING laws in Texas

My husband and bought 15 acres of land in rural Texas in 2002. When we bought the property, there was an existing fence along the front and down the side of the property approximately 480 feet. This showed the fence on our survey. Evidently, the fence was built using plat stakes in the middle of the road which looked like boundary stakes. We knew the fence wasn't our property, but didn't tear it down because it wasn't on our property. We did maintain it because we were unable to contact the owners of the propertyand one of our horses was cut pretty badly on it. The fence was barbed wire and we added livestock wire on one side to keep them from further injury. My husband is a disabled vet and we were unable to build a fence ourselves or to afford to have one built. Last summer, the owner showed up and told us he was putting the property up for sale. Recently, he had his property surveyed and found the fence was 91 feet onto his property. He has sent us a letter demanding we tear the fence down because he is unable to sell his property with the fence there. Like I said, the fence was there when we bought the property, showed on the survey and was built several years ago by someone else. What are our legal rights?

he has to take it down not you


[California has the easiest "squatter's rights" adverse possession law. Just occupy a California property for five years without the owner's permission, pay the property taxes, and you can acquire full ownership by then suing the legal owner in a quiet-title lawsuit. It's that easy.

However, Texas and several other states have much tougher adverse possession laws, requiring "open, notorious, hostile, exclusive and continuous occupancy" for up to 30 years.

But call your local lawyer to see if any exception may exist for you.]

test

[ahcady]

Originally Posted by Unregistered test

On the property line between ours and our neighbors is a fence that has been there since we moved here 32 years ago. They have live in theres for app 7 years. Who does the fence belong to.

I have lived in my home for 24 years. The homeowners directly behind us bought their house 16 years ago. A few months ago they decided to take down the fence between our yards because it was leaning due to a tree on their property. Yesterday she informed me that she did not plan to replace the fence that she took down. She said that because I have an above ground pool I am required to have a fence around it. She got an estimate to replace the fence for $550 and said that she "might" put $100 towards a new fence. Can she do this? I always felt that both homeowners sharing the fence should split the expense 50/50. What are my options here?

Originally Posted by Unregistered I have lived in my home for 24 years. The homeowners directly behind us bought their house 16 years ago. A few months ago they decided to take down the fence between our yards because it was leaning due to a tree on their property. Yesterday she informed me that she did not plan to replace the fence that she took down. She said that because I have an above ground pool I am required to have a fence around it. She got an estimate to replace the fence for $550 and said that she "might" put $100 towards a new fence. Can she do this? I always felt that both homeowners sharing the fence should split the expense 50/50. What are my options here?

Rarely do fences sit on both properties. The fence has to be on one person's property or the other.

If you are having difficulty understanding the boundary lines between the two properties, have it surveyed, or go to your local Registry of Deeds and get a copy of the deed and map.

She does not have to replace a fence that sits on her property. I'm assuming it's her fence and her property since she tore it down and you did nothing to stop her.

If you have an in-ground or an above ground pool, you are required to have a fence surrounding it. That expense falls entirely on your shoulders. Not homeowner's insurance and not the neighbor's.

She really had no business getting estimates for a fence you need within the boundaries of your property,

Both you and your neighbor would be wise to figure out exactly who owns the property the fence is to sit on.

[lawcastle]

Originally Posted by Unregistered I have lived in my home for 24 years. The homeowners directly behind us bought their house 16 years ago. A few months ago they decided to take down the fence between our yards because it was leaning due to a tree on their property. Yesterday she informed me that she did not plan to replace the fence that she took down. She said that because I have an above ground pool I am required to have a fence around it. She got an estimate to replace the fence for $550 and said that she "might" put $100 towards a new fence. Can she do this? I always felt that both homeowners sharing the fence should split the expense 50/50. What are my options here?

Generally, the law states that only the pool, if in ground, or the stairs to the pool, if above groud, need to be fenced. It sounds as if your neighbor is trying to get you to pay for something that would be mutually beneficial. To counter this, you could state that if she is not willing to split the cost of the fence with you, you will only place the fence in the legally required area. She is, however, correct in that you need to have the fence and is not obligation to split the cost of it with you.

Do I have to have a fence around my pool if I live in Texas? It will be an above ground pool and I live in Denton county city limits on my families land.

Originally Posted by Unregistered Do I have to have a fence around my pool if I live in Texas? It will be an above ground pool and I live in Denton county city limits on my families land.

Texas has a statute requiring fencing [pool enclosures] for multiple units: Texas Statutes, Chapter 757.

The check of Denton City Ordinances and Building Code does not appear to have a fencing requirement for pools in single family yards. To be on the safe side, however, you might wish to contact Denton City Code Enforcement:

City Hall East
601 E. Hickory, Suite B
Denton, TX 76205
940-349-8743

I have tried to look up laws about fencing in Texas but haven’t found my answer so I hope someone can help.

I live next to a trailer park whose residents (kids and adults) continually trespass onto our property. I was told by a previous owner that if we cleared the old fence off he would put up a new one which has never happened. Over the years we haven't had many problems but now it is becoming a problem and an everyday occurrence and they are leaving trash and toys on our property that we have to pick up to keep from messing up our mower. I have been taking what toys I can to Goodwill as a donation to try and teach the kids a lesson about picking up after themselves and taking care of your stuff but it hasn't stopped. Anyway to get to my question is the owner of the trailer park responsible for putting up a fence to keep his tenants on his property or is it solely my problem. I know I can have the people arrested but would rather not go through that trouble.


P.S. NO TRESPASSING signs haven't worked either.