My neighbor tore down a fence between us. And it is on their property in the back but crosses onto my property when it gets to the front. And half way down the fence I have a fence that cuts perpendicular from the fence they removed that was attached to that fence that was removed. The question is, does this law pertain only to ranches or farms or a set amount of acreage or does it cover the entire state of Texas. I have a duplex on .3 acres in the ETJ and not in the City of Austin and they have .47 acres next to me. Any help you could give would be greatly appreciated.
It seems that the laws were passed in 1981 to address agricultural / rural issues, but the legislators did not say that clearly in the text. To my knowledge these laws have never been tested in Texas so, sorry, but the application to your situation is unclear. The laws are found in Texas Agricultural Code 143.121 -- 123: https://statutes.capitol.texas.gov/docs/AG/htm/AG.143.htm. Your strongest position would be to engage an attorney who can prepare a demand letter to your neighbor claiming breach of the laws, and demanding re-installation for the six month window period required by the laws. After six months has elapsed, the neighbor has the right to remove the fence that is on their property, if proper written notice has been furnished.
AVVO is a general forum for discussion purposes only, and my response is not a solicitation. My answers, replies, responses, comments, ideas, referrals, approvals and endorsements do not constitute legal advice, guidance, opinions or even suggestions, as I do not have enough facts, we have not spoken, I have not checked my conflicts-of-interest database and most importantly, YOU ARE NOT MY CLIENT. This disclaimer pertains to AVVO responses in addition to all other forms of communications including emails, texts, media postings, further AVVO replies, and phone calls. As well, my response is with respect to only the laws of the State of Texas. Hire an attorney in your location if you want opinions and assistance upon which you may rely.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements