Cost-Sharing on a fence...

Boleyz · #1 04/04/06, 11:40 AM

Hi!
I've seen several fencing questions lately, and I was just wondering if anyone has ever put up a fence and then tried to charge 1/2 the cost to a neighbor.

I've seen several people in other threads who explained that a fence on the property line, according to their state laws, must be paid for by both land-owners.

I can't personally see myself going to a neighbor and handing him a bill for a fence that I put up because I needed it to contain my own stock. Seems to me it'd be my responsibility to pay for a fence if I felt like I needed a fence. What if He didn't want or need it? Why should he have to pay for it?

What if I put up high-dollar board fences or even the new $$$$ Vinyl $$$ fences? Is he still liable for 1/2? What if he's on a fixed-income or doesn't have the money?

Surely this can't be right, unless there is some agreement BEFORE the fence goes up. What do ya think?

Clifford · #2 04/04/06, 11:46 AM

Depends on your state laws. Some states allow cost sharing between neighbors as long as the fence is mutually beneficial to each party. Call your county, or township zoning office and ask...

LisaInN.Idaho · #3 04/04/06, 11:51 AM

I wondered about this too...it seems rather unfair. Here is some interesting info:
http://www.nationalaglawcenter.org/assets/articles/molloy&reid_fence.pdf#search='cost%20share%20fence '

wilderness1989 · #4 04/04/06, 12:02 PM

I've been thru this fence cost sharing thing, lawyer vs. lawyer. And the way I understand it is if you are fencing to keep your animals in you pay 100%. If you are fencing to keep the neighbors animals out the neighbor pays 1/2 the materials. Hope this helps it was in Missouri.

Boleyz · #5 04/04/06, 12:03 PM

Quote:

Originally Posted by LisaInN.Idaho

I wondered about this too...it seems rather unfair. Here is some interesting info:
http://www.nationalaglawcenter.org/assets/articles/molloy&reid_fence.pdf#search='cost%20share%20fence '

But it still seems a little ambiguous. I guess it all depends on someone's willingness to enforce it on a neighbor. Me? No way. I would never try to impose on a neighbor and I'd appreciate it if he doesn't impose on me.

My place is completely fenced, but if one of my neighbors wants to put up a bigger, better, stonger, higher fence...that's fine with me. Just don't do it and then hand me a bill for it.

WisJim · #6 04/04/06, 12:09 PM

In Wisconsin, a line fence between quarter sections is the responsibility of both property owners, each being responsible for the half of the fence to their left as they stand on their own property and face the fence. You can't fence the whole thing and expect the other owner to pay for half the job unless that is the agreement beforehand. And, if you want a fence that is better than the bare minimum legal fence, that is your expense, too.

I have no idea what other states require, but in Wisconsin it is defined by a state statute.

rambler · #7 04/04/06, 12:27 PM

Typically the law is designed for fencing livestock, where both parties have livestock. Was a real mess when rancher A would wait until rancher B put up a fence, & then rancher A would just use it. That wasn't fair either.

There is a legal livestock fence, put in your 1/2 and good enough.

Otherwise, the details of state laws, and lawyer interpitations....

--->Paul

kmaproperties · #8 04/04/06, 02:29 PM

Bath twp. ohio stock fences need to be 20 feet on your side of the property line. So yes it all depends on where you live.

daytrader · #9 04/04/06, 02:56 PM

I would NEVER trust my fence to anyone but me. Its MY protection.

Now, on sharing cost. I have done that. The guy that purchased the land next to mine. He had some real heavy equipment out there cleaning the tree line. track hoes, D-9 cats and crawler.

In his hast of not checking the lines. He took out my fence that he THOUGHT was his and about 100 of my trees.

Once I pulled in after work. It was not a great meeting of the new neibor.

I simply informed him he messed up and I want my old delapitated fence back up ASAP or I would call the law.

He came back with the old so and so said I bought here to here. I handed him the state filed survey and showed him the land markers put in.

After a few gental words we worked out a deal. I DID want that tree line cleared. Only reason I never put up a newer fence it would have been a pain with 1 foot thick trees in the way. I just didn't like being encrotched.

We worked it out. I gave his heavy equipment some more work to do. I also split the bill with him. Best 800 bucks I have spent in a long time.

After drinking a beer with him watching the fire piles burn. I asked him. Why he didn't come chat with me before he done the work.

He told me. "I am new to the area and You have a rep of not being the nicest guy." I said "really". He said "Yep, no one wants to set foot on your place because you even hire security". I told him " Thats right, for a reason. I will deal with anyone, but I will not be screwed over. I am the nicest guy to work with, I will also spend 10k to save 5 bucks if you are in the wrong. He said "Yep, thats what I have been told".

This old boy is a great guy.

He put in some cattle that were along my fence lines. I didn't have them electrofied. His critters didn't break my fence, but sure messed with it.

I noticed and was to busy to go complaining or shocking cattle.

He came by on a Sunday at Dinner time. He knocked on the door. Asking for permission to go fix my fence. I told him sure no problem. Lets eat first then we will go look at it.

Me and this guy are not freinds, Yet we work things out.

There is not way I would split a fence ownership. Yet, if you but up to a others persons land. You really should chat with them and work a deal out.

Jena · #10 04/04/06, 04:58 PM

When I can afford it, I will put up a brand spanking new fence and send my neighbor the bill. If he doesn't pay, I'll take him to small claims court.

Of course, my neighbor is my ex-husband

Jena

cab · #11 04/04/06, 05:50 PM

I am in sw wisconsin and the way the fence laws have been explained to me by the local farmers is that if you wish to fence the property line, you are responsible to pay for half, the neighbor, the other half. There need be no agreement by the neighbor. If they refuse to pay their half, you take the bill to the county clerk and it goes on their property tax bill.

nogreaterjoy8 · #12 04/04/06, 06:30 PM

We have lived in places where you could put up a fence and force your neighbor to pay half. What DH did was approach the neighbor and say we were going to put up a fence and would he pay his half...when the neighbor said he could not afford it (which we suspected - retired guy, small homestead type place) DH asked if there was a way they could take it out in trade. The neighbor kept the fence repaired and cleared of tumbleweed, etc., during the summer months for as long as he was able (as I said he was old and DH did not want him to get hurt trying to maintain a fence in the snow). The neighbor said that sounded fine with him, and the next year he gave us two calves. (which we did not ask for - but the fence enlarged his pasture area)

If you have good neighbors, there is always a way to work things out. If your neighbors are useless - good luck!

chuckhole · #13 04/04/06, 06:54 PM

I paid for all of mine. My house (not my country place) is in a Deed Restricted neighborhood. So there are more rules than just the State and County laws. Our DR states that if you have a "good neighbor" fence where half the pickets face your neighbor and half face you, then you split the cost. If ALL of the pickets face you then it is all yours. If they face your neighbor then it is all theirs. Good luck in collecting. I couldn't even get one neighbor to even help and had to tell him to "kiss off" when he asked me to do the fence along the back of his yard too since I have an air nailer.

As for my country place, I have about 6000 feet of 4-wire fence and none of my neighbors have any fence and according to my survey, it is all on my property by at least two or three feet so I figure it is ALL mine. But at least I have good neighbors there.

Boleyz · #14 04/04/06, 09:22 PM

Seems like a lot of people have issues with the neighbors. I never have, so maybe I can't relate. I just simply wouldn't impose on a neighbor to pay for anything that I feel like I need. I'd do it myself and pay for it myself. If my neighbor wanted to use my fence, that'd be fine with me. I guess I ain't really the Clint Eastwood, John Wayne, swaggering "Legend in my own mind" that some people are.

Peace with the neighbors is a good thing...as is my reputation as a good neighbor. I try to be good to my neighbors and it's paid off time and again. One of neighbors is always happy to feed my stock if I'm away, and another one really busted his rump to catch my horses when they got out of the pasture and into the highway once.

I've never had to post land, or pull guns, or threaten people in order to live and be free. I guess I just mind my own business and my neighbors seem to do the same. I Reckon I'm Blessed...

cathyharrell · #15 04/04/06, 11:39 PM

H asked our neighbor if he would like to go 50/50 and build a new fence and he said okay. We never had any problems with him. He doesn't live on his land it is just a pasture. He owns a restaurant in San Angelo. He is a nice person. They agreed on the price first.

Quint · #16 04/05/06, 01:44 AM

Best deal in the world if you can get your neighbor to go for it.

I've got a cousin that offered to do all of the labor if the mennonite neighbors bought the materials just to fence out the neighbor's cattle. Nope. Just don't have the money. Offered to pay for half of the materials and do half of the labor. Nope. Just don't have the money or the time. Money for new outbuildings and tractors though. Plus I guess those fences would impede them stealing his timber for firewood and illegally trespassing and hunting on his property.