Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.What are my options legally regarding removing the fence and putting a new one up. Would it be considered repair and maintenance and I wouldn't need his approval? If I do need his approval how do we handle the property line with the trees? Because of the trees, the fence would need to either be moved in a few feet my way, or a half a foot his way. If I pay for the entire fence, is it my fence 100% and I am responsible for repair and maintenance? If I put the fence on my side of the trees, does that mean I am actually giving him part of my property, or does the property line determine that alone?
Ok, let me see if I can answer your questions...
Absent a requirement in the deed, a local ordinance, or any homeowner
Bylaws or CCRs, a shared fence is an optional improvement to the property. As such, neither you nor your neighbor has an obligation to repair or replace the fence.
So if the neighbor won't agree to split the cost of the fence you want to put up, you would have to do so at your own cost. If you put the fence back on the property line you would have to get his approval to remove the old one since it is jointly owned by you if it is exactly on the property line. This might not be the case as fences are typically a few inches or so to one side or the other of the property line so it might be worthwhile to have a surveyor out to confirm the property line.
But if you move the fence to your property, it is yours to do what you want to with it and the cost is entirely yours. You can simply leave the old fence there if the neighbor won't allow you to remove it. As for losing your property, you could eventually do so if he uses and maintains that property for 10 years under TX adverse possession
laws. The way to defeat this claim would be to give him actual permission to use the land in writing. Since he would be a licensee, not a trespasser, he couldn't ever claim the land through adverse possession.