Fence Removal

[Flying V]

What is the name of your state (only U.S. law)? texas New neighbor and I share 135 feet of 40 year old field fence along approximate property boundary. Neighbor constructs 80 feet of privacy fence, I removed 80 feet of old rusted field fence and use landscape stones to build my wife and children a flower bed/vegetable garden. Neighbor has lawyer send me a threatening letter. Lawyer claims that the fence is owned by the neighbor and accuses me of removal of personal property and encroachment. Letter insists that I replace the fence and remove soil that "encroaches" neighbors property. Otherwise after 30 days they will persue legal action. Any comments or suggestions would be greatly appreciated.

 

[154NH773]

Get a survey done. You cannot really proceed without one, nor can you get advice without knowing whether you are actually encroaching.

 

[Flying V]

Recent survey indicates that old rusted field fence was constructed along the property line. Neighbor's privacy fence approximately 3 or 4 inches onto their property.

 

[154NH773]

Lawyer claims that the fence is owned by the neighbor and accuses me of removal of personal property and encroachment. Letter insists that I replace the fence and remove soil that "encroaches" neighbors property.

If you have a recent survey, then you know if your "soil" encroaches so that should not be an issue.
If the fence was on the line, and you don't know who erected it, that could be a problem for you. You should try and document the condition of the fence as it existed (old photos, etc.) in case he sues you for the value. He would have to prove that the fence was his, and either on the line or on his side. What evidence can you obtain that would prove him wrong?

 

[Flying V]

Originally I shared this fence with a good neighbor who sold a portion of his acreage to the new neighbors. Now I share it with them. The new owners attorney claims that the fence was built by the people who sold them their property, and therefore, the fence belongs to them. Ironically, I shared this fence with my good ol' neighbor before the new neighbor came along.

 

[154NH773]

Whose property is it on, and who paid for it? What evidence do you have for what you claim? For that matter, what evidence do they have for their claim? Ask their lawyer to provide the evidence.

Since you were friends with your previous neighbor, he could probably corroborate your claim.