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Property Line Fence

4,770 Views | 44 Replies | Last: 4 days ago by Shayboy3
schwack schwack
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AG
Quote:

Unfortunately I've lost now where one of the property corners is so I'd be guessing anyways

As someone above said, include the cost of a new survey.
BoerneGator
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canadianAg said:

Sherrif deputy said it's a civil issue and they'd just document that I called.
Typical response from a deputy, but "the law" , as quoted by the resident attorney says otherwise. One hasta be willing to press the issue in order to get "justice". When you know, you know.
O.G.
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canadianAg said:

Sherrif deputy said it's a civil issue and they'd just document that I called.

Do it anyway. Create the paper trail.

Unless they had a Easement, (you might want ot check your property's Title about this) they had to have been trespassing to tear down a fence.

They can't just come in and tear down a fence without you knowing about it/approving of it etc. Even if they are foriegn owned, somone on the ground had to have made the judgement call to tear down your fence. A right of way or real estate company most likely did that.
canadianAg
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There's definitely not an easement, atleast not on our survey/title.

I spoke with the contractor that tore it down (I actually know the guy, not well but our boys were on the same baseball team together). His company apparently does work for this battery company, basically clearing the properties and cleaning it up for construction. The battery company supposedly asked him why don't they just leave the fence and this contractor was of the opinion that having two fences would piss me off more so the company gave them the go ahead to tear it down and rebuild off property line. Obviously a poor assumption that could've been avoided with a conversation.

As to ownership of the fence, it's an old fence. I definitely don't have any proof as to who built it and I'd be shocked if they did either. To me, without proof, it defaults to shares but ill obviously ask the attorney about that. I mostly just have proof that a fence existed (pictures and google earth), and the survey had it on the property line, and now there isn't a fence on the property line.

And I did take pictures of where they tore up ground, left dirt piled on my side and damaged some yaupons well on my side of the property
CanyonAg77
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Quote:

Obviously a poor assumption that could've been avoided with a conversation.


It's easier than ever to communicate these days, and it seems that people are less eager than ever to communicate.

He knew you well enough that he could have called you directly, or made 2-3 calls at most to find your number. But instead, he was too damn lazy to do the right thing.

Personal to me because I've also had a fence torn down without permission, and have also just finished going round and round with the reps of two different doctors offices. This over an issue that would have been solved in 30 seconds, had either of them picked up the damn phone and clarified the problem.

Spoiler alert: I have a very common first and last name, and you goofballs might have been asking for info on someone else with the same name.
one safe place
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normaleagle05 said:

There was a fence, now that fence is gone. Who owned the fence?

Fence ownership is a lot more complex than "It's on my property line, therefore it's my fence." It's on the other guy's property line too. I don't know all the background facts or enough of the law to know whose fence it was.

I think that's his point.

And without a survey to show for sure, it is possible that when the prior owner built the fence, he built it slightly inside the boundary of the property by an inch or two. If so, the owner of the adjacent property would own the fence and it would be his to do with as he pleases. I do not think I have ever seen a fence put up exactly on the property line, always a little bit inside it.
CanyonAg77
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In our part of the world, I'd say that 99.99% of fences are built on the property line with shared upkeep and cost
Martin Cash
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CanyonAg77 said:

Martin Cash said:

CrossTimbersW said:

Hell no. They tore your fence down....

Assumes facts not in evidence.


?????

He had a fence.

Now he doesn't have a fence.

Are you saying there is no evidence of that?

I'm saying there's no evidence it was HIS fence. We don't know who built it or when.
normaleagle05
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1) I'm pretty sure that's not how it works with regard to fence ownership and 2) it is geometrically impossible to build a 3D thing having width within the horizontal bounds of a property line that is a vertical plane. Fences are always built on one property, the other, or both.
Shayboy3
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S
Survey
Rebuild
If they did what you said without consultation, I would do the same thing.
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