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 Veteran
Posts: 141
 
Location: College Station, TX | So, we recently moved into a new house that was wooded, and we cleared and fenced the land for the horses. We placed the fence 6" on our side of the property line, but the dozer did go about 2.5' onto the neighbors side in a couple small areas and took out some youpon. The neighbor is wanting us to spend close to 15k to replace the youpon and build a privacy fence to block the 10' they can now see through, along with another large area that was already cleared in the first place.
We tried our best to not get onto their side at all, but it happened. Nothing we can do about it now other than replant bushes, but I feel like what he is asking is excessive for what was removed. Does anyone have any knowledge of the laws in Texas on building fences/clearing to build fences and how this works? I just want to get it taken care of as easily as possible, but 15k for trash brush is absolutely unreasonable. |
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Regular
Posts: 83
| Call your local Agcriculture Office. They will be able to help you with the value of damaged land and the price given on yupon trees. The neighbor cannot make you build a privacy fence, because they do not like the sight line. That comes out of their pocket. |
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  Fact Checker
Posts: 16572
  
Location: Displaced Iowegian | I am not sure about TX but in most states, unfortunately, if you plowed out some of his bushes, you would responsible to replace them....I would call a local nursery and get an estimate price. It kind of sounds like, by the cost, that he wants you to replace them with full grown? Additionally, if he wants a "privacy" fence, it would be HIS responsibilty to build it......
eta: another question......did you tell the bulldozer operator to not cross over the property line....he may have to bear some of the responsibility if it could have been avoided.
Edited by NJJ 2013-12-04 12:06 PM
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Veteran
Posts: 141
Location: College Station, TX | We did tell him not to cross, multiple times, but with how densely wooded it was it was a difficult task in some areas. Considering we were trying to put the fence as close to the property line as possible without going over so we didn't end up losing right to the land in the future enough had to be cut to put the fence put up. He definitely did cross further than needed in some spots which I would be happy to replant.
I definitely don't have a problem replacing bushes, but he is trying to claim areas that were already clear now need to be replanted or have a privacy fence and that I'm not willing to do. And the privacy fence is absolutely not our responsibility I didn't think, so I'm glad others think so as well. I just don't know how you would determine how many plants need replanted if he is they type that will never be satisfied. |
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 Cute Little Imp
Posts: 2747
Location: N Texas | You SHOULD only be responsible for replacing what you cleared off his land. You are NOT responsible for putting up a privacy fence. Basically, you have to put it back the way it was. Unless one of you has pics of what it looked like before, it's going to be hard to determine exactly how many trees/bushes you have to replace. If there was a spot that was already clear and he now says he wants it covered, the burden of proof should fall on him to prove you cleared it, which he won't be able to do. It's going to be your word vs his word.
He would have to take you to court to force you to do something, and I would suggest avoiding that, simply because you don't want to start out your relationship with your new neighbor that way. Just talk to him and see if you can come up with a compromise. I agree $15k is a little overboard. |
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Veteran
Posts: 141
Location: College Station, TX | The only "proof" I have it was already cleared is google maps, which clearly shows the majority of the area with no trees/brush. I have no issue replanting the areas that we did cross the line, I'm just not sure how to handle the rest really. I feel like he's not going to be happy with just that part.
He doesn't have animals, so as far as I'm concerned he shouldn't have cleared his entire property if he wanted a view of the woods, or no view of the property line. He can't make me leave mine wooded, or create new woods for him where he removed them years ago but he's trying to take it as far as he can.
In some states there's an easement law for fences being put on a property line (you can clear 3' on both sides in some states, I think Ohio was one). Anyone know if trees something like that here? |
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Expert
Posts: 1488
| Here's what I know from having to butt heads with a moron neighbor over about 3000' of common fence.
If he decides to sue you for coming onto his property. He will win.
May be cheaper to either do what he's asking or put a hit on him.
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 Ima Fickle Fan
Posts: 3547
Location: Texas | I found this article in the Angus Journal. Not that the article helped, but it mentioned Bob Kingsbery of Frisco, Texas, who has given testimony in a lot of cases. He may be someone to contact.
http://www.angusjournal.com/ArticlePDF/Fencing%20Pt6%2006.10.pdf
Here's how you can get a hold of him: http://fenceexpert.com/
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Veteran
Posts: 141
Location: College Station, TX | DD2012 - 2013-12-04 1:08 PM
Here's what I know from having to butt heads with a moron neighbor over about 3000' of common fence.
If he decides to sue you for coming onto his property. He will win.
May be cheaper to either do what he's asking or put a hit on him.
The latter would be my preferred choice! He's been a pain some day one, and were trying to be as nice as can be and work with him on everything, but it's come to the point he's pushing and pushing because were young and he wants to take advantage.
We definitely didn't mean to do any clearing on his side, and if he wants to sue then there's nothing I an do about it. But if he were to do so, we would only be found responsible for what we took down, not everything else he is requesting, right? Or could he possibly find some other way to claim he needs a privacy fence because of something we did? |
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| Save this video to laptop etc to show to the judge on how to re-seed a yaupon tree .... http://youtu.be/f_Ca6lohum4 .. which should place an automatic value on the trees ..
Mark your property line very clearly with ... t posts with a white water pipe slipped over them every 30-50 ft ... use a black permanent marker to show footage on each pipe .. 30-60-90 etc or 50-100-150 etc ... TAKE LOTS OF PICTURES STRAIGHT DOWN THE LINE .. AND FROM YOUR SIDE TO HIS SIDE WITH THE MARKED POLES IN THE PICTURES ...
Also take pictures of the other side of HIS PROPERTY WITH THE OTHER NEIGHBOR OR IF IT IS ALL GROWN UP ... as a comparison to your property line ...
Put these in order in a 3 ring binder .... for safe keeping ..
Did your surveyor put in deep rebar metal rods at the corners of your property?? If not do so NOW!! Pound them down level with the ground for permanent marking at least the corners of your property. You can always find them with a metal detector ...
After you have done the above...>>>>
With your nicest smile and voice in your letter ... ... Send certified letter with return requested to your neighbor to write down a list of things he wishes you to do to the property line with an amount he thinks it will cost ............................. Do not make any offers to do anything!!
AFTER YOU GET HIS LIST .. Just ignore him ... .. again ....... Do not make any offers to do anything. Just let him rot ...
If he does sue you... show up in court with your picture books and no lawyer ... lawyers will trade you off and ride it out forever ..... so represent yourself in this small matter ... and ask for other court dates a couple of times because you are going to be out of town or whatever ... 2 court date changes are easy to make happen ... just make sure you get a notice of the change from the court of the new date(s) ... do not trust a verbal extension ... show up if you do not get it in writing ..
There is one of these in every subdivision and you got lucky to have him for a neighbor ... lol....
GOOD LUCK ...
Edited by BARRELHORSE USA 2013-12-05 2:22 AM
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 Purveyor of unconventional wisdom
Posts: 17112
Location: CA | BARRELHORSE USA - 2013-12-05 2:19 AM Save this video to laptop etc to show to the judge on how to re-seed a yaupon tree .... http://youtu.be/f_Ca6lohum4 .. which should place an automatic value on the trees .. Mark your property line very clearly with ... t posts with a white water pipe slipped over them every 30-50 ft ... use a black permanent marker to show footage on each pipe .. 30-60-90 etc or 50-100-150 etc ... TAKE LOTS OF PICTURES STRAIGHT DOWN THE LINE .. AND FROM YOUR SIDE TO HIS SIDE WITH THE MARKED POLES IN THE PICTURES ... Also take pictures of the other side of HIS PROPERTY WITH THE OTHER NEIGHBOR OR IF IT IS ALL GROWN UP ... as a comparison to your property line ... Put these in order in a 3 ring binder .... for safe keeping .. Did your surveyor put in deep rebar metal rods at the corners of your property?? If not do so NOW!! Pound them down level with the ground for permanent marking at least the corners of your property. You can always find them with a metal detector ... After you have done the above...>>>> With your nicest smile and voice in your letter ... ... Send certified letter with return requested to your neighbor to write down a list of things he wishes you to do to the property line with an amount he thinks it will cost ............................. Do not make any offers to do anything!! AFTER YOU GET HIS LIST .. Just ignore him ... .. again ....... Do not make any offers to do anything. Just let him rot ... If he does sue you... show up in court with your picture books and no lawyer ... lawyers will trade you off and ride it out forever ..... so represent yourself in this small matter ... and ask for other court dates a couple of times because you are going to be out of town or whatever ... 2 court date changes are easy to make happen ... just make sure you get a notice of the change from the court of the new date (s ) ... do not trust a verbal extension ... show up if you do not get it in writing .. There is one of these in every subdivision and you got lucky to have him for a neighbor ... lol.... GOOD LUCK ...
 Great advise here. You hit all the basics. You did "tresspass" and he has legal ablitiy. Here in California it is an eye for an eye, Buy the trees and offer to eithe plant them or leave them on his doorstep. Tractor driver does have responsiblity on this, and should have liablity insurance. This is what the neighbor is actually after if he has talked to an attorney. Good luck. |
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 Pokey's Honor Guard
Posts: 3041
Location: North Texas | If I'm understanding this right, the dozer operator accidently got over just a bit far and got some of his bushes/trees when clearing. He should have insurance to cover some of that, but as far as the neighbor wanting you to put up a privacy fence, not a change. Here in Texas the land laws state that if you want to keep things out of/or off of your property it is your responsibility to put up a fence, not someone elses. That meaning that if your neighbor has cow/horse/livestock that keep getting on your property it is not his place to put up a fence to keep his livestock out/off your property since Texas is still an Open Range state. I think that would also apply to this. If he doesn't want to look at your horses then he is responsible for putting up the fence. Also you might have in incure the cost of replacing a few a trees/bushes, but that would be all. Texas laws are a lot different than other states. I also don't think there will be any court or judge that would find you responsible for very much damage to the property once they see how thick the brush was and how hard it was to clear out for a fence. You could tell him that you were doing the polite thing by putting up a fence to keep the livestock out of his yard so he didn't have too. Open Range would apply there. He would of had to foot the cost of putting up a fence to keep your livestock off his property if you hadn't put one up. Look up the laws of Open Range for Texas. Best of luck. Hate it when neighbors try to take advantage of people thinking they have the upper hand.
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| I don't have advice on the laws, but this got me thinking of something a Mennonite horse shoer told me. His horses had gotten out and gotten into a neighbor's corn field. The guy claimed they tore up a lot of corn and demanded money to cover. The Mennonite paid it even though he thought it was excessive. He decided that if he wanted a good neighbor, then he needed to treat him as if he was a good neighbor. He took him a gift at Christmas or something like that. The guy was surprised, but actually did turn around and become quite neighborly.
I don't know if this exactly fits your situation, and I know it does take both parties meeting partway, but might be something to think about. |
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