Attaching a gate to my fence

[tntsound]

I am in Texas. I installed fence 2 yrs ago on our 1 acre lot. I asked both neighbors (I am in the middle)if they want to share the cost. Both declined. So I installed the fence 1 ft inside of my property line. 600 linear feet of total fence. Today one neighbor started to install a gate comming across his property butting up to the the fence I installed. He refuses to pay for half of the side he is attaching to. Now I can not access my fence. What should I do?

 

[FarmerJ]

did you have a survey that you used to help you determine where the lot line was when you installed the fence? It really wouldnt hurt to have one done and the day its done if it confirms your current set back with the fence then go 2 inches your side of the survey stakes and as long as there is no underground util get a couple grounding rods for home electric system cut each in half and beat them in ( you and anyone else in future can use metal detector if you must to locate them) then your free to do one of two things send your nieghbor a letter via certified mail that they are to disconnect the fence they attached to yours. OR send to them a letter telling them that the fence was placed X amount to your side of the lot line and now that they have attached the fence to your property you decided to give them permission to use that foot wide strip until such time you revoke it , in the letter tell them they do not have permission to change any thing else on your side of the lot line. The reason to go that way is later on it will help prevent adverse possession of that strip and make it easier later for you to move the fence even closer to the lot line. Your also free to use the links up top to find a real estate atty in your area to do the letter for you , its possible then that they will treat the matter more seriously.

 

[tntsound]

Thanks for answering. The house is 3 years old in October. We had a survey done before closing. I did use the survey to mark out where the post would go. This is a 6.5' privacy picket fence. I also want to know if I could by legal means get them to pay for half of that fence. I would also give them the second letter you suggested after they pay for their share. As for the first letter I would rather not do that unless they continue to be difficult. Thanks again.

 

[CraigFL]

You could add in your letter to them that the cost to remain hooked up to your fence on your property would be $xx.xx which could conveniently be the cost of that part of the fence, if they didn't want to provide an endpost for their fence located on their property.

Are you 100% sure that your fence is within your property -- in other words, did you stretch a stringline between the professional survey corner markers?

Also, my opinion is you should include all options in a single letter because things like this end up with hard feelings even if you are 100% right...