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11/29/07, 01:38 PM
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Join Date: Mar 2004
Posts: 1,049
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fences, gentle warning
Just thought I'd share an expensive lesson we just learned.
Our cows got out and into neighbors front yard. His fence that he had let grow up for at least 15 years, we didn't think to check it ever.
This neighbor is not a homesteader, this is just one of his many homes, probably worth a million. He liked the privacy and nobody blames him for that.
We have spoken exactly three times. Two times the wife was gritchy with my dh over things he had nothing to do with.
Cows busted the fence and broke some of the water sprinkler heads. The wife talked to my dh, and sent her hired hand to handle it. We will fix the fence and pay for sprinkler repairs. Fair enough, and a lesson for us to check fences especially if they are not ours.
I am not bad mouthing these people, we all like our privacy, I just wish our cows had gone to any other neighbors (we all get along great) but them.
everybody, learn from me and go out and check those fences.
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11/29/07, 01:53 PM
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Join Date: Jun 2002
Posts: 5,230
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If it's an older fence, you might be further ahead to put up a brand new fence on your property line. I agree with fixing his fence that the cows broke, but why continue to keep it fixed up after this when you don't even own it? If you are going to continue checking his fence and making the necessary repairs, you might as well put up a new fence - not have to worry about the cows getting out on that side for a long time, especially when these people are not neighborly!!
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Michael W. Smith in North-West Pennsylvania
"Everything happens for a reason."
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11/29/07, 01:56 PM
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Join Date: Jan 2004
Location: WI
Posts: 2,180
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In Wisconsin, at least so far, if the cows broke through the neighbors poorly maintained line fence, it would be the neighbor's problem, because they didn't maintain a legal fence. There is talk of changing the state laws that govern this, but I don't think that it happened yet.
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11/29/07, 01:59 PM
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Happy Scrounger
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Join Date: Feb 2007
Location: South Central Wisconsin
Posts: 13,635
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Fences are a pain, aren't they? If it's not a cow wandering thru a section, it's a tree falling on the fence and taking down the whole line.
then there's the "I OWN THIS FENCE" problem. who's fence is it if it's on the propertyline? <sigh> and...well...are we sure the fence is ON the line and not over it? (beenthere, done that).
Glad it wasn't worse for you. The cow could easily have eaten some fancy $1000 rose bush. actually...that thought kind of makes me smile  seeing a cow standing in the middle of a multimillion dollar lawn munching on the roses.
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"A good photograph is knowing where to stand. ” - Ansel Adams
 (and a lot of luck - Wisconsin Ann)
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11/29/07, 02:08 PM
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Registered User
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Join Date: Oct 2002
Posts: 3,143
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I guess it cuts both ways. We set our fences back from the property line because we don't want to deal with 17 different neighbors. Ohio law says we can force them to pay for half the fence ifit is a line fence. On the other hand, if it is a line fence then they own half the fence.
I am fencing to keep my animals in. If they get out then it is my responsibility for the damage they cause. If somebody elses animals come on my property and damage my fence or anything else then it is their responsibility.
Ohio isn't a free range state. If it were then I would fence to keep other peoples animals out.
Now, the downside of not doing line fences is that you can end up with a witches alley. You also lose the use of some of your land.
Just a few thoughts.
Mike
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11/29/07, 02:32 PM
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I love South Dakota
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Join Date: Jun 2006
Location: South Dakota
Posts: 5,261
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When we moved to WI, the neighbors also had horses. We put our own fence in about 15' from the property. Enough room to get through with the tractor to maintian the area.
Our main motivation was to keep the horses from trying to get to know each other over the fence. The old fence was very overgrown and barbed wire - would have taken a lot of work to fix up to our standards (which would have been to tear the whole thing out and get rid of all the barbed wire). The neighbors were renting, so they didn't really care about it, though they were very nice people.
This spring the neighbor's 5 bulls got out, now my front yard is full of 5" deep footprints. Been meaning to fill them in all summer . . . After neighbor got them back in the gate, my DH went out and put a chain on the gate. The bulls had figured out how to push the gate open, and the wire that had been there for years wasn't about to stop them.
Cathy
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11/29/07, 02:41 PM
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Join Date: Jul 2007
Location: S.E. Iowa
Posts: 2,530
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I did that "fence back from the property line" ONCE. I will never do it again. The neighbor just figured that gave him license to have my property.
Here in Iowa, the resposibiltiy for fences is shared. It is his job to keep your animals out just as it is your job to keep them in.
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11/29/07, 03:00 PM
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Join Date: Jul 2003
Posts: 6,722
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I've heard lots of stories about people loosing property because of a set back fence. I think a building has to be set back, but any time I put up a fence it goes ON the property line.
I ran into a problem like that when I bought a rental house. It turned out the original owner had set the fence back from the property line. The neighbor property sold and the new owner assumed the fence was the line. The property I bought was sold, the new owner assumed the fence was the property line. The neighbor put in a storage shed where they assumed it was 2' from the property line. The old fence was removed. When we bought the property we got ready to put up a new fence. Our first step was to tie a string to the marker on the back corner of the lot and run it to the marker on the front corner. We couldn't pull the string tight because the neighbors shed was over the line.
We were lucky, the neighbor moved the shed so we could build our fence. Their shed had been in place for a over 15 years so they could have claimed adverse possession and taken a good size chunk of our lot.
I will never put a fence back from the property line. It future years it could be interpreted as forfeiting the property outside the fence.
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.Everybody has a plan.
Do you know yours?
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11/29/07, 03:04 PM
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Join Date: Jan 2007
Posts: 3,037
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Interesting reading the various state laws on this. Here in Oklahoma, having gone through this several years....It is the stock owners responsibility to contain their animals properly and compensate for any damages caused by their livestock. The exception is called the "rogue cow" law in which a cow gets into the roadway and gets hit. Let that same cow/cows get out a few times and you lose that protection. It all comes down to the number of times the Sheriff/Highway Patrol log a cattle call.
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11/29/07, 03:41 PM
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Join Date: Jan 2007
Posts: 3,192
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Here, it's the livestock owner's responsibility to fix any damage. If you rent a pasture for your cows, you are supposed to ensure your cattle don't get out, even if it's not your fence.
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11/29/07, 04:29 PM
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Join Date: May 2002
Posts: 7,154
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If your state has the shared fence laws that many of the midwest states have, you are letting the rich neighbor stick you for his responsability.
In Ind. the left half of a line fence as you stand on your ground facing it belongs to the neighbor, and you own the right half. If your fence is good and his won't hold livestock, he has to fix it so it does. If he refuses the county can hire it done, and put the cost on his taxes. I would be certain that isn't the law where you live before I'd spend any money for any of the fence, or the damage your cattle done to his property.
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11/29/07, 04:48 PM
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Join Date: Jan 2007
Location: Crawford County, Georgia
Posts: 875
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Would definitely research the fence laws!!!
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"Tough times don't last - tough people do"....
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11/29/07, 07:13 PM
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Fire On The Mountain
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Join Date: Mar 2003
Location: Kentucky
Posts: 1,452
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I don't know about fence laws around here. My parents wanted a line of fence put up a few years back...and we ran it about ten foot back from the property line. The reason being,there's a house over there...and the property line is literally right up against that house. If the fence was run on the line,those people would have had to walk all the way around and up hill(or all the way through their house)just to get from the front yard to the back yard. Nobody would have wanted a house like that,so they left about ten foot of side yard for those folks.
I never thought of it,but that may mean my parents forfeited that section of land. I figured that whatever was on your deed was what you own,regardless. That's something to think about...but I don't even know if my parents care or not.
You should probably do as others have said and check out those laws.
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When thou walkest through the fire, thou shalt not be burned; neither shall the flame kindle upon thee ~ Isaiah 43:2
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11/29/07, 07:27 PM
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Join Date: Sep 2004
Location: AR
Posts: 2,260
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go out and check the fence do you think you have to tell people with cows to check the fence around there property
we have 1 1/2 miles of fence it is checked weekly
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Don't complain, just do it
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11/29/07, 08:08 PM
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Banned
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Join Date: Oct 2004
Location: far north Idaho
Posts: 11,134
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Yep...I hear you. Deer or moose took out the top wires of our horse fencing and we found out because the littlest horse, 13H Tippy the pony is jumping the remaining 3'6" wire. We'll be fencing tomorrow. Luckily, none of the big horses is following his example.
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11/29/07, 08:13 PM
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Join Date: May 2007
Location: n. arkansas
Posts: 561
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Quote:
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Originally Posted by Wisconsin Ann
actually...that thought kind of makes me smile  seeing a cow standing in the middle of a multimillion dollar lawn munching on the roses.
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HaHaHa....Yes! AND fertilizing the flower beds!
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11/29/07, 08:28 PM
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Join Date: Mar 2007
Location: Western North Carolina
Posts: 353
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We have one of those neighbors with the million dollar house, lawn, hot tub - they only visit the place 3 or 4 times a year. She called me up one day to report cows on her lawn that were "making too much noise" she said! I have no cows and she knows it. When I asked why was she calling me, she replied that the owners of the cows (whom she knew to own the cows) were "too ignorant" for her to call them and she wanted ME to call them for her! I declined.
Sorry you had trouble with the fence.
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11/29/07, 09:00 PM
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Join Date: Jan 2004
Location: WI
Posts: 2,180
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I believe that in order to lose land due to adverse possession, the other people have to no only use the land for a specified number of years, but also have paid the property taxes on it for the specified years. At least that is the case in Wisconsin.
And, yes, it is a good idea to check the statues for fencing laws.
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11/29/07, 09:52 PM
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Join Date: Mar 2005
Location: Colorado
Posts: 2,231
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just run a electric fence in side of the other fence, it can be 3" away and still work great, and you can fence a lot of distance fairly cheap, on some of my corrals I have an electric wire inside of them using Nail on insulators, on the posts, but if there is a question of pleasing the neighbors, use 3/8" steel posts and plastic insulators and galvanized electric fence wire, fast and easy to put up,
I can put up a few miles of it in a day easily by my self, and my knees are bad, I usually put up 3 + miles of it ever year for temporary fencing,
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11/29/07, 10:14 PM
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Banned
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Join Date: Mar 2007
Posts: 474
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Quote:
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Originally Posted by farminghandyman
just run a electric fence in side of the other fence, it can be 3" away and still work great, and you can fence a lot of distance fairly cheap, on some of my corrals I have an electric wire inside of them using Nail on insulators, on the posts, but if there is a question of pleasing the neighbors, use 3/8" steel posts and plastic insulators and galvanized electric fence wire, fast and easy to put up,
I can put up a few miles of it in a day easily by my self, and my knees are bad, I usually put up 3 + miles of it ever year for temporary fencing,
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I just did this same thing 2 days ago. Our Great Pyr went into the neighbors pasture to check out the cows. Never done that before. But she's a valuable dog so I threw up some electric fence just inside the hundred year old barb wire. She hates electric fence. The neighbor and I had discussed putting in a new fence, one of us paying and the other doing the labor. Neither of us have the time or $$ to do it right now. Also, I have goats and he has cows, I'm sure the fence he needs costs way less than the one I need.
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