redchevy makes very good points. I am a Registered Surveyor and have dealt with this scenario a lot over the years. Survey is where you should start but may not resolve the issue and could become a legal matter. A property line of record or that has record dignity is different than an occupied line, i.e. fence line or roads. I have seen tracts that go along the centerline of a "county" road and have also seen where all the tracts adjoin on one side or the other and all owners have joint use. Was the road in place when you purchased the property or did you put it in? Do you have prior knowledge of how the road was used and by whom prior to the purchase? The term the courts will use to resolve the issue if indeed there is disagreement on the location of the road or boundaries will be prescriptive easement or easement by prescription. They will determine that it is visible and apparent that it was intended to serve both tracts. If you have a current survey just have the surveyor come and remark your lines. If it is not current I would get one. A good surveyor will look at all the evidence to establish the legal boundaries not just a piece of rebar in the ground which may or may not be described in the deed. Once boundaries are marked get with the neighbor if he agrees fence it. If not he needs his surveyed also. There could be conflict between the two tracts on the location of the boundary line which would cause conflict in the location of the road. Just my 2 cents and good luck. Don't sit on it the clock started with your first conversation with him.

Sounds to me like you should invest in a good survey and put up a fence. That said he can still put his blinds on the line if he feels like it.
I would want a survey done so there would never be another misunderstanding of where the property lines are again.

Bottom line in the future, always get a survey and title warranty. They can protect you from some severe problems in the future.

did your title insurance take care of this for you

there are a lot of things I could put up with, but a septic system and lateral lines is unacceptable simply because of the issue those often have

I have a 1/4mi deeded right of way to my property but it is all specified in my documentation. What I think someone else was referring to is called Adverse Possession. Doubtful you are in danger of that becoming an issue.
Adverse Possession
Adverse possession is the legal term for squatters' rights. Texas has a set of conditions that must be successfully established before adverse possession of a property is acknowledged. Prove you behaved as owner of the property, doing maintenance, etc. in full view of others. Reside alone on the property and claim that areas of the property infringe on land you already inhabited. These actions must occur continuously in Texas for a period of 30 years. You cannot have permission to be on the property.



Read more : http://www.ehow.com/list_6727789_squatter_s-rights-laws-texas.html

If it is in fact on your property then you need to fence it. Let the neighbor know they cannot and will not access it. Reason being is if they screw up, get in an accident on your property then you may/will be liable.

Court house and check the plat on record. Make sure there are no easements in the record. Survey to confirm and then fence. Everybody gets along.

I'm still wondering how much we are talking about fencing and what the long tern intentions the OP has for the property. For you that don't know fencing doesn't just happen and does not come cheap.

Thanks for all the feedback. I think I will put up a gate. Post "No Trespass signs". I might not be able to full fence the property line now but was thinking of marking every 100ft with a purple stripe . Anyone know about the purple paint marking a property line? Since we are in hill country with solid rock the fencing can get really expensive. I would love to have another survey even though one is listed from 2003. My concern is cost. What would it normally cost to have just a couple of points re-surveyed? Before I would fully fence , I agree a survey is needed but the purple marking might be a nice temporary solution
The info in this link gave me the idea of the idea of purple paint until I can save the cash for a fence:
http://www.geocachingaustin.com/reference/purplepaint-texasnotrespassingmarking/

I'll try to answer some of your questions below:
Unless both of you paid cash, there should be a Survey and a Title Policy filed with the County:
We both paid cash for our properties so no new survey was needed. This was a subdivision in the Hill country ( now, no longer active HOA) and the deed with county states what is easement (the road just before my property) and the locations of each boundary point. The original subdivision was set up around the year 2003 and Since the original surveyor marked each point which I double checked myself, I wouldn't think getting an extra survey would do much good although I would like one if not too expensive. I purchased my property in 2011.
I find it hard to believe the Realtor would say that without cause or proof.
It would not be surprise me if his Realtor did tell him that. When I purchased my property , my Realtor wasn't sure of the boundaries and thought the road meandered back and forth between the two properties. After I checked the markers I found the entire road to be on my property.
I think even if paying cash, the title transfer would have required the boundaries? IDK
Since the original survey from 2003 is on file and we paid cash, no new survey was required.
You said the entire western border. How far we talking? Is anything else fenced on the property?
The rest of the property if low fenced, only this border has no fence. The western border is about 2 miles long of solid rock ground.
Past that it sounds like you don't really care if he uses "your" road, you just want to control how he hunts on his land?
Maybe so. I really just don't like people driving past my house out in the country on 4 wheelers or trucks making noise. I know he could build his own road 20 feet over and do what he wants.
Was the road in place when you purchased the property
The road (more like a trail) was on the original ranch before the subdivision was made. The boundary follows the shape of the road but is 20 feet or so over from the road.
The deed states that all road and utility easements are noted in the plat listed with the county. This road in question is not an easement listed on the plat.

If you do nothing that equals permission to the guy to use the road.
If I were you, I would consult an attorney, and in the meantime, put a gate up and no trespassing signs.

Cable twist and tee post are not that expensive.

That's what I was thinking...

In nearly every incidence where I have been involved in buying or selling land, a survey was done before the sale closed. The survey should have shown the property line and should have been marked. I am wondering how this sale took place without a survey?

Your property line is 2 miles long on that side (the way I read it)? and this was a previous subdivision? That would be a big subdivision!!

The Purple paint will work as a visual boundary, as long as he is aware of it. If it is solid rock, you could get by temporarily with post set further apart and string one or 2 wires, then continue as the budget allows. You could probably rent a bobcat or tractor with a Beltec post drill and get most of it done yourself.

As far as the survey, you can contact the last crew that did it and most times they will be very reasonable to come out and re-certify one side, I'd sure call them, explain the problem and what you need and get some #'s. I'd do this before I spent a dime on a fence.


Since you both paid cash, it makes a bit more sense as far as the realtor goes.

If you had enough cash to buy a place in the hill country that has a 2 mile long property line a survey is less than drops in the bucket.

A 2003 survey probably wont stand for a lot, no lender I know of would have used it. Have it survey and at least put up a marking fence, like several have said a t-post every 50-100 feet and one wire with purple paint or flags on it.

No I never brought it to their or the banks attention. I researched through public records to find facts and contacted the county for their regulations on the matter. After talking to the county they said all I had to do was prove that it was there and the would make the neighbor correct the issue at their cost. I dug a hole one day after work exposed a lateral line had the county engineer out showed him and 2 weeks later there was a backhoe in the neighbors yard putting in a new septic. I contacted the neighbor and they didn't want to listen and thought I would go away, but once I proved it to the county they forced them to correct it. Total cost to me was a couple hours on the computer and phone and a $15 probe I bought at home depot to find the lateral.

For the record, we are currently putting up over 5 miles of fence in Childress county. No, it's not cheap, but it's cheaper in the long run than attorneys.

Yep...

A sugestion to consider from someone who has been there.To deal with this reasonably and logically you need a survey. I would tell the neighbor you are putting stock on the property for tax purposes and you will be fencing.I would ask if he would be willing to share 1/2 the expense do to the benefit he will recieve. This should make your intentions less controversal. Once the survey is complete and I presume it will demonstrate your contention on the location of the road on your property I would call him out of courtesey and let him know the road will not be accessible do to the defined boundries. Tell him you regret this and if he desires he may want to verify with his own survey before you build the fence. Hopefully he will just accept your position. I went through this with a neighbor who had put in a road on my north boundry half on my property and steel corner posts that were from 1 ft to 5 ft into my property line for 1/2 mile. ( this happened befor I took possession. My survey required for my loan defined these issues). Fortunately he had not put up the fence at that time. I had called him as stated above and it turned out he knew my surveyor which he had used before and accepted the result. All he said was he had put a lot of money into establishing the road and the weldments and he really did the best he could without a survey. which from my point of view was kinda foolish. I have put in my fence and all seems well and I have inherited a pretty good acess rouad on my north boundry.

Go get a copy of his survey and compare it with yours. See if it calls to the same soots