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Fencing, neighbor dug 4 ft trench on 'my' land, tresspassing livestock

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Lady Catrina

Junior Member
What is the name of your state (only U.S. law)? Texas

Please advise, I am at my wit's end. I have researched as best I can, but must not be using the proper tags on searches, as I have yet to come across an answer.

When my neighbor purchased his land we immediately let him know that we needed to redo the fence, as it was approximately 8-10 ft off (into our pasture) at the back of the property. The pins are no longer there across the street, nor in the creek which is the back property line. The fence was mistakenly placed at an angle when we erected it. It needs to be redone, moved this distance into 'his' property, which is in all actuality ours.
We are now having a survey done to determine the exact boundaries of the property line, and yes we are paying for it. In the meantime, knowing that this is in the works, my neighbor dug a 4 foot deep by 50 foot long drainage trench right up against the fence towards the creek, basically on my land. He also has a bull, donkey, and goats, while I have two horses. I placed my fence to keep my animals in, yet when he purchased his property, he got the animals before placing restrictive fencing up. Now, his goats are on my land daily. His bull has also come onto my land, was standing outside my kitchen window one day. I have told him I do not want his animals on my property, yet he does nothing to contain his goats. The goats are destructive, have already taken down one Willow tree, eaten blackberry plants, crepe myrtles, and I fear for my dogwoods. Their hooves are leaving deep divets in the ground as well. He asked to be allowed to graze his goats on my property when he first bought them, and I refused him access - I did not want them on my land.
All he has done to keep his animals contained is lean large sections of wooden fence against my t-posts and straight wire (plus hot wire), causing my fence to lean 45 - 50 degrees into my pasture. He has also cut some sections of my straight wire, and replaced it with barbwire. He has sections of chainlink tied to my fence, as well as several other types of fencing - 4x4 panel fencing and 1x4 weld wire fencing, all tied to my t-posts, causing my fence to lean, yet his goats still climb over and under the fencing to enter my pasture, and will imminently invade my garden.
He is wanting to put up a fence after the survey is done that we are not in agreement with. It would not be horse friendly, and the cost is prohibitive for what we want. We have our property on a dead end, he owns the land to the NW of us.
We live on our property, he has his only for livestock use.

What are my rights in having him refill the trench once the survey is done?
What can I do to impress upon him the get rid of the wooden fence sections that are tearing down my fence?
What can I do to enforce the keeping of his livestock on his property, and off mine?
What can I do to prevent him from building a new fence on the property line and demanding that I pay half? I have tried many times to calmly discuss these issues with him, yet he is impossible to talk to. No matter what we say to him (when he lets us finish more than two words strung together), he nods agreement then does what he wants to despite what was said.

He lives in Boston part of the year, and here in Texas the other part, he also travels (so he claims) with his work, so is not easy to get in contact with. When confronted by one of our neighbors about his goats roaming out, and spotted on our property he said "oh, they're fine - don't worry about them". No, they are NOT fine - I am livid at his lackadaisical attitude regarding their trespassing.

Will I need to retain an attny, to enforce the above? Once the survey is completed, if we attempt to place a fence, we will be exposed to his bull - who has some very long horns, and I would not feel safe being on the same side as he is, so I don't even know how we would go about erecting a new fence.

I am at a loss, could someone please help us?
Oh, and our land is paid for, I believe he is paying a mortgage.
I would be happy to provide photos upon request.

Thanks!!!What is the name of your state (only U.S. law)?
 


JustAPal00

Senior Member
If a big scary animal like that came onto my property, I would be so afraid for my safety that I would shoot it! Bet he builds a fence then! Once the survey is complete, build a fence on the property line or send him a certified letter telling him where your property begins and to keep his animals off it. If they continue to trespass, call amimal control!
 

154NH773

Senior Member
Once you have determined where the actual property line is by survey, you can ask him to remove anything of his (fence, etc.) that is on your property. You can also ask him to fill in any trench he made on your property. If he doesn't comply within a reasonable time, you can do the work yourself and send him the bill. If he fails to pay, you can take him to court. Small Claims court would probably cover the costs, if not; you must sue him in a higher court.

Document everything he has done with dates and photos. That includes any letters you sent him (Certified, Return Receipt).

Unless Texas has some law covering common fences, you should build your fence slightly on your side of the property line, giving yourself enough room to maintain it, and prevent him from using it as a prop.

Warn him that his bull is a potential hazard and you will take steps to protect yourself. I'm not sure what would be allowed in Texas, but probably anything less than lethal would be OK. Cattle prod, etc. I would check on the law before shooting it, but I agree that that would be my option if threatened.
 
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Lady Catrina

Junior Member
If a big scary animal like that came onto my property, I would be so afraid for my safety that I would shoot it! Bet he builds a fence then! Once the survey is complete, build a fence on the property line or send him a certified letter telling him where your property begins and to keep his animals off it. If they continue to trespass, call animal control!
One other thing I must note - as we live in the county, and not the city, there is no animal control, per se. The SO is whom one calls to deal with estrays.
 

Lady Catrina

Junior Member
Unless Texas has some law covering common fences, you should build your fence slightly on your side of the property line, giving yourself enough room to maintain it, and prevent him from using it as a prop.
That is a part of the dispute - the fence currently is on my side of the property line, in his favor, and he still ties to and leans materials on the fence, despite my asking him not to. He claims that this is the only way to keep his goats off our property - and it's not working.
 

154NH773

Senior Member
he still ties to and leans materials on the fence, despite my asking him not to
Stop "asking". Give him notice that he is not to trespass on your property. If he does, document the fact and have him arrested.

Tell him to remove his fence from your property. If he refuses, remove it and send him the bill. He is pushing you around, and you're letting him. Let him know that you won't take it any more.
 

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