When I was a kid, I destroyed a fence (yes, in Texas!) that I thought was being constructed a few feet into someone else's land. What I did not understand then (until it was explained REAL CLEAR to me! :shock: ) was, it's a good idea to build fences 3' to 5' inside the actual boundary. Reason being is, if you need to work on your fence, then you need to access it from both side, right? Well, how you gonna access it from the far side if you have to trespass to do it? I was told then that it is customary to allow for that variance -- then again, we had good neighbors.....plus one somewhat-enlightened kid. *lol*
Now, if you have known and documented problems with a neighbor abusing that ease-way (for example, trying to grow his hay/wheat right up to the fence), then it would be fitting to post your fence every so often with a sign stating that the fence sits X-number of feet/inches from the property line, or to post property line markers along the actual line, or both. If possible, I would avoid trying to put anything "ON" the line, as there is always some slight amount of variance from one survey to another. By allowing an easement, if your neighbor damages your fence, that's destruction of private property, trespassing, plus any land damages involved. Also, as mentioned, the easement allows for mowing or maintaining the far side of the fence.
Please keep us posted -- is always good to be up-to-date on property line disputes, as others of us will never know when it might be our turn to defend our land or actions.
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