Question on fence line placement

[oldsettlerswood]

Hi guys!

I need an opinion on placing my boundary fence. I have 10 acres mostly wooded and approx 400 wide x 1000 feet deep. So, I want to fence a boundary fence on the front half and do the back half later. I've been reading about the legal aspects of boundary fences. I have read that if you set your fence line inside of the actual property line that it could eventually be deemed as the property line. I was thinking of setting the fence inside by about 1 foot or maybe more so that the neighbors don't have to have anything to do with it. I get along well with the the neighbors but I would like to have control over the maintenance and trimming/spraying around the fence. So, do most of you set your boundary fences inside the line so as to give an access for maintainance or what?

Thanks!
Jennifer

[heelpin]

I would first ask the neighbor to go half with the fence, if he said no I would go ahead and build it on the line, if you build it off the line it's going to create friction that can last a lifetime, it's not worth it. Also, when you offset, you are actually ceding the land on the other side over time due to the adverse possession laws. I saw this happen with brothers where the fence was offset 6 feet across a section, there were two fences for a long time but eventually the offset fence became the line.
http://www.expertlaw.com/library/rea...ossession.html

[Lazy J]

Put that fence EXACTLY on the property line!!!! The fence law in most state that each osner is responsible of the right half of any boundary fence, but since most people no longer have livestock that can be a point of contention.

[HMAN]

I Put All My Fences 5' Off The Line. But I Still Take "t" Posts And Put Them Right On The Line Every 100' And Mark Then As The Prop Line.
I Do This So There Is No Question About Where The Line Is An I Then Have A Nice Atv Road Going Around My Entire Property, Makes It Very Easy To Maintain Your Fence That Way Too.

[oldsettlerswood]

Well, my gut has been to put it right on the line.....so that I have full use of all my property. But, then again, it would be nice to be able to pull the lawn tractor and cart around the edge of it to for painting posts, and weed control. I'm sure the neighbor will have no problem with me maintaining it from their side......but they may not always live there either!

[fantasymaker]

If ya put it just off the ground you can run a weed eater under it for weed control.
IF you dont put it on the line you might be forced to pay for another one ON the line.

[Micheal]

I would think that it would depend on the type of fence and the reason it's being put up as to the location of it.
Most of my boundary fences are barbed wire on cedar posts. For the most part the fence is on the "believed" prop line, in some unaccessable locations it's where it could be strung and then in some locations it's non existent as the neighbor nor I wanted to waste poles or wire.
Another point; around here the wire is strung or should I say a fence is put up, to keep the owner's animals in, not to keep others out.

[Wolf mom]

Around here most people put fencing up inside the property line. Many places, there's two fences running side by side.

I really like Hman's idea.

Actually, I believe it takes 10 years for adverse posession to take effect. If you walk the outside of your fencing yearly your neighbor can't claim posession of your property.

I for one, don't want anyone attaching something or doing anything to my fences.

So, mine are NOT on the property line.

[quietstar]

Folks with enough land find a fence set back mighty handy for upkeep and control. I would set big corner and intersection posts on the legal line and make survey markers solid. A simple, legally binding Boundry Agreement describing the configeration of the new set back line is not lawyer costly and when recorded, should carry over if either property is sold or leased...Glen

[rambler]

Your plan of setting back 5 feet (or whatever) and maintaing that 5 feet by mowing it regularly sounds like a wonderful idea, and I would love you as a neighbor.

What happens with these setbacks is, if you do not maintain it, but allow the neighbor to 'just mow it' and so forth, and then the property is sold, and the new owner thinks it is their property right up to the fence, and you don't ever bother to do anything on that side of the fence - in 7 to 20 years (depending on state laws) that new neighbor could throw a fit & claim the property as his.

The key is that you have abandoned the property for that long!

If you follow your plan, it sounds good to me. I would perhaps place a few markers on the property line - burry a couple bigger rock flush with the ground so you can mow over them, put a post on each corner, or what have you. That would mark the property line for future buyers to see, and you continue to use & maintain your 5 feet every year, and you will be just fine.

I'm all for your way of doing it. But be aware of that 'abandoning' it issue - just mowing it regularly will keep your ownership of that 5 feet.

--->Paul

[Lazy J]

I will say it again PUT IT ON THE FENCE LINE. Keep your suburban ideas of setback and beauty out of the country. Put the fence where it belongs.... ON THE PROPERTY LINE.

[Cygnet]

Lazyj, actually, from a rural standpoint, having a setback on the fence makes a heckuva lot of sense.

I put my fences a couple of feet inside the property line. This is because:

1) I can walk around the fence and maintain it without trespassing. If I ever have a psycho for a neighbor, or a neighbor with aggressive dogs, There's nothing like realizing the electric is shorted out and the neighbor's pit bull won't let you reach over the fence to fix it.

2) When I bought my own property, the survey markers were in one location. Someone else paid for a survey, and this moved the survey markers a couple feet inwards on me. I lost a few feet ... but I didn't have to move the fence (and I still have about 18" of spare room to maintain the fence.) Ironically, BEFORE I bought the property, the previous owner had to take a fence down because a survey said it was over the boundary by six inches and a neighbor got fussy. Surveys aren't "exact" to the inch, and in the case of my property, there are FOUR competing corner pins with about three feet total difference between them. Danged if I know which is right ... and there's no guarantee I won't lose more land on the next survey. So I give myself some leeway.

3) If somebody moves in next door with destructive livestock, they won't destroy my fence. They'll need to put up a fence of their own. I can stop them from using my fence as a boundary fence. Also, I can stop people from having aggressive dogs immediately on the other side of the fence with my goats. They'll need to fence their dogs in with their own fence, and not share a fence line with my animals. (This tends to make MY goats butt the fence ... and I've seen aggressive dogs grab goat horns and legs through a fence.)

[ErinP]

In my part of the world, fence lines are the boundary lines. No one would do otherwise. (Mainly for the exact reason Paul stated)

[fantasymaker]

This is one of thjose questions where location means a LOT! I might be wrong but I think IN has the same law as IL.
You are responceable for half the fence between you and a neighbor. So if you set back a fence you can wind up in the position of either building a new fence for the neighbor or them claiming the land to the fence.....or both!

[cab]

In WI if you wish to fence for ag purposes, you must fence the property line. Doing so obligates the neighbor for installation and maintenance of half of the boundary fence. If you do not place the fence on the boundary, the fence laws are unenforceable.

[Cotton Picker]

Hi Jennifer,

Here's a site on Indiana Fence laws:

http://www.ces.purdue.edu/extmedia/EC/EC-657.pdf

I don't know how current it is, but it might be a good place to start getting some of your questions answered.

Happy Trails

David

[Michael Kawalek]

Fencing is an important issue for me because I will be putting up some new fence this spring.

I think talking with your neighbor first is very important. If YOU want to put up the fence, then don't ask the neighbor to chip in half of the cost. If YOU want the fence then YOU should pay for it. Nothing would annoy me more than paying for something I didn't ask for and didn't want. But, have the neighbor on board first in regards to the property boundries and where the fenceline should go. While you're stinging wire or setting posts is a bad time to find out the neighbor has a dispute with you.

You can have a chat with the neighbor as to why you want a fence (stray animals for example) and maybe they'll offer to contribute if they think their operation is causing you problems. Perhaps they would even be willing to pay part of a legal survey to really know where the real boundries are. But, settle these issues with the neighbors first so as not to cause a life-long rift that could poison your relationship for generations.
Michael

[keyhole]

Each state has different laws concerning this issue. What does your state's law say?

[Wolf mom]

Hey Lazy J:
here in AZ lot line fences are city fences. A fence belongs where the owner/builder wants. His option. Does not "belong" on the lot line. If your property is staked (corner stakes) then everyone knows where your property ends, fenced or not. P.S. set backs are for buildings, not fences.

I'll say it again, I don't want anyone attaching a shed or whatever to my fence. If they pull it over, I'm partly responsible? Maybe this neighbor is OK & will fix it, but what about the next one if he sells? Fencing fights are common. Offsetting it a little keeps them down.

My neighbor's grandad homesteaded this area, gave it to his 3 children when he died (read: really rural) & the fences are offset. Drive around up here & most of the lot line fencing is in the developments - or where there's miles of range fencing.

BTW: all buyers contracts should have a clause that states the seller pays for a survey - or can produce a recent survey & have it restaked.

[homesteadforty]

Originally Posted by Lazy J

I will say it again PUT IT ON THE FENCE LINE. Keep your suburban ideas of setback and beauty out of the country. Put the fence where it belongs.... ON THE PROPERTY LINE.

The OP may want to follow this demand or actually check the laws...

Fencing laws vary greatly from location to location... even within township and incorporated areas. Some locales require a setback, others require the fence to be on the property line, and still others depend on things like type and/or height of fence and it's intended purpose.