Q: We reconstructed a barbed wire fence and moved it a few feet because the neighbor didn't want to lose the trees.
Many years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the price with the neighbor. The neighbor desired to save the trees and offered to move the fence a few feet, although we were willing to knock down the post oak trees that had grown up in the fence line. Now we are attempting to sell the land. Likely it's going to need to be studied. Do get the legal description of the acreage restated and we must compensate the neighbor for the value of his property? How should this be divulged to potential buyers? The property is located in Coleman County, TX,.
Attorney Solution Ben F Meek III
A: You may sell the land together with the fence over onto the neighbor's land and divulge that fact prominently in your sale doctors. But that raises the problem of having his fence on his new neighbor's land and subject to his neighbor's good will, for the buyer about letting it remain there. (Still, in the event the purchaser is prepared to take the house under that condition, you may sell it that way). You are on target along with your idea of buying that strip out of your neighbor, in the event the cost is right. Then have the new border is established by the surveyor and upgrade the metes and bounds in your description that is legal. Should you can not get the strip at a fair price, you may have to move your fence back onto your acreage. Use an experienced real-estate attorney (and a great surveyor). All the best to you personally.