Another fence post! (Pun intended).

We have a BESS (Battery Energy Storage System) facility being installed next to our property. We share probably 400ft of property line.

I came home from vacation to find the fence that was on the property line torn down and a new fence installed about 3-5ft inside the companies property. I spoke to the company that installed the fence and they said they did it to make maintenance easier so they could access both sides.

I'm not particularly happy about it. I'm curious what the OBs thoughts are on how to proceed considering the other side is a well funded company that is trying very hard to save face with the community.

I don't really want to have another fence installed so we end up with two fences and a weird gap so I'm leaning towards asking for compensation to rebuild a fence without rebuilding.

Trying to understand.
Who paid for the original fence?
And you're saying they built the fence 3-5 feet into their property ?
What were the terms of the lease regarding the fence?

I don't know who built the original fence. We bought our property five years ago and they bought the neighboring property last year. I think the barbed wire was on my side but can't recall (wasn't all that important so I never paid close attention).

Yes the new fence is inside their property line.

There isn't a lease. They own the property and I own my property next door.

I understand it sounds good on the surface but there are other considerations like I can't close off one corner of my property unless I trespass onto their property and connect to their new fence or I build a new fence to put back the original corner (which is not something I planned to be doing)

canadianAg said:

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I understand it sounds good on the surface but there are other considerations like I can't close off one corner of my property unless I trespass onto their property and connect to their new fence or I build a new fence to put back the original corner (which is not something I planned to be doing)

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Sounds like they owe you a fence or they could allow you to tie in to theirs but that's going to be a liability for them and they'd need access to maintain which is on unless you have a dog.

Ya that's kind of where I'm at. I don't really want to have two fences right by each other which is why I am considering just asking to be compensated for it now and I can choose to have it rebuilt in the future if I really need it or if selling the house. Maybe throw in the cost of a survey too.

cavjock88 said:

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I'll let any lawyers weigh in here, but I always understood it was illegal to tear down a jointly owned fence without agreement of both property owners. Quick internet search reveals "The laws governing fence removal in Texas are found in the Texas Agriculture Code, specifically Sections 143.121-.123."

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Even Google AI says "naw dog, ain't touchin' that ***** "

canadianAg said:

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Ya that's kind of where I'm at. I don't really want to have two fences right by each other which is why I am considering just asking to be compensated for it now and I can choose to have it rebuilt in the future if I really need it or if selling the house. Maybe throw in the cost of a survey too.

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I'd probably see if you could just get the fence done now. Cost in 2025 is going to be less than the future and this way you're done with it. If they maintain that gap, the that's ok. They'll probably maintain it with Chemicals and sterilants that are going to bleed over a little but that wouldn't bother me a bit.

Sounds to me that you

(1) got a new fence for no cost

(2) have someone to maintain the fence for free

(3) have more land to use

only thing you need to work out is how they access your side of the fence

Just be neighborly and it will all work out

I'd start nice:
1) let them know they screwed up
2) ask them to let you tie on to the new fence
3) tell them if they let you tie on you will mow the grass and not claim adverse possession
4) If they don't agree to 1 through 3, tell them to rebuild it or go to court

CrossTimbersW said:

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Hell no. They tore your fence down. If they decide to take their fence down in the future you have no fence. I'm all about being neighborly and I would approach them calmly and nicely to begin with but at the end of the day they took property that was half yours. If they sell the place and the new owners take the fence down, you're left with nothing. That's not okay.

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Correct.

I would want payment for building a new fence. Replace the old barbed wire with stay tuff net wire and a strand of barbed wire on top and bottom. I would have an estimate ready for replacement when you talk to them.
I bet they will quickly write a check. Just build it back on the property line and let them deal with their fence.
You could also file a police report if needed.

Just curious, why are they putting up the net wire when there is already a good 5-wire fence there?

A city municipal project went thru that tract a few years ago and they built the new barbed wire fence using 1 1/4 inch pipe for the corner posts, so I didn't want to use any of their improvements. We are building new net wire fence around our 200 acre tract to hopefully help keep hogs out and cattle in. A surveyor marked the line every 200 ft and on that side, I built new net wire and posts just inside the barbed wire fence and on my property.

Agree as a starting point that might be more workable and neighborly. This puts the onerous to rebuild on the harmed party, though. Why not make them rebuild and supervise or verify and make them handle it, as well as, if you want to be a hard ass, charge them for your time to supervise or verify? Depends on the situation, though.

Well I had a call with the president and he acted like they'd work with me but the field guy confirmed they're just leaving it as is. So I guess it's time to lawyer up.

I have to admit I'm mildly concerned they will get pissed off and put up some ugly fence on their side but I'm also optimistic they'll operate as a business should and not waste money out of spite

Short term, I'd put up an electric fence precisely on the property line to stop them from driving on your property

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

This is most likely a criminal act:

Quote:

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Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

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Texas Penal Code

This could go all the way to a felony of the first degree.

I would get in touch with the Sheriff ASAP. That will get their attention.

CrossTimbersW said:

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Hell no. They tore your fence down. If they decide to take their fence down in the future you have no fence. I'm all about being neighborly and I would approach them calmly and nicely to begin with but at the end of the day they took property that was half yours. If they sell the place and the new owners take the fence down, you're left with nothing. That's not okay.

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Assumes facts not in evidence.

Martin Cash said:

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CrossTimbersW said:

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

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Assumes facts not in evidence.

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?????

He had a fence.

Now he doesn't have a fence.

Are you saying there is no evidence of that?

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.

I've got some prize show donkeys you can place on your property. If they go missing they are worth about $30K each…. I'll split the settlement check with you.