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  #21  
Old 04/03/06, 03:30 PM
 
Join Date: Oct 2004
Location: North Fla
Posts: 803
Be careful

Here in Florida if you put a fence inside your property line (6 inches or 6 feet - doesn't matter) and then later on you let your neighbor connect his fence to yours to save money on fencing, avoid a double fenceline, whatever, then you have given him all the property on the outside of your fence. Happened to my brother-in-law on his suburban lot.

Kitty.
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  #22  
Old 04/03/06, 09:49 PM
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Join Date: Sep 2004
Location: KY
Posts: 2,053
Wink On the Subject of shared costs...

IMHO if I decide I need a fence, I will put it up and I will bear the full cost. I mean, just out of courtesy, I can't see going to my neighbor and saying, "Hey, I need a fence and you've gotta pay half."

Laying all "Legal" arguments to the side...How many of you are really gonna approach a neighbor and inform him that he is liable for 1/2 the fence you're putting up to keep your livestock secure?

Sorry, but that ain't my style, and I know that I wouldn't appreciate a sudden bill from a neighbor for a fence that I didn't want in the first place...

Hey, My place is completely fenced, but if one of my neighbors wants to put up a bigger, better, stronger fence down our property line, Fine, but he should pay for it. I don't need it or want it. And yes, I'd let him start legal proceedings against me.

But this is all hypothetical, because none of my neighbors are rumps...
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  #23  
Old 04/05/06, 08:01 AM
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CJ CJ is offline
 
Join Date: May 2002
Location: The Ozarks
Posts: 5,201
Quote:
Originally Posted by Unregistered
In some areas the fence set back on your own property will become the new property line after a set amount of time. If your neighbor has the use of the property outside of your fence he can in time claim the property for his.
Be sure to check the laws in your area.
That's called Adverse Possesion. In Missouri, it takes 10 years, and during that time all 5 requirements have to be met continously.

1. Actual (land used in the same way that nearby landowners use their land),

2. Hostile (under claim or right),

3. Open and notorious (so long as the adverse possessor acts as though the land is his),

4. Exclusive, and

5. Continuous for the 10-year period, then title can be established for the adverse possessor. Tenants cannot assert adverse possession even after leasing the property from more than 10 years because they are there with the consent of the landowner (not "hostile use").
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  #24  
Old 04/05/06, 08:40 AM
 
Join Date: Oct 2005
Location: Southside Virginia
Posts: 687
In Virginia, (southern VA, not "Moscow on the Potomac, DC") a property line fence is the shared responsibility of both farmers. An exception...If one farmer states that he has no intention of having livestock on his side, then he is exempt from paying half. But if at any time he decides to turn livestock into the adjoining land, he must pay his half of the cost. In other words, a man growing only row crops doesn't have to pay for fences, but a cattle farmer does. It is fair to both parties. We are fencing in our 123 acre farm, and currently have about 50 acres done. We have not asked our neighbors to pay anything (and a woven wire fence that long isn't cheap). We figure the fence is for our needs, so it's our cost. However, we have one neighbor who has given us trouble in the past with hunting on our land and his dogs attacking our animals. He didn't want a fence because it would prohibit his deer dogs from running through our woods flushing out the deer. If he decides to cause trouble for us, I may use the cost share laws as a persuasion to get him to leave us alone (he does farm). The fence on his line has been completed for about two months now, and I've yet to hear from him, so who knows! Our biggest problem has been with hunting dogs attacking our goats and calves, so this fence will hopefully stop most of that. It's a better solution than our current one (.22). Do a survey of your line and put the fence RIGHT on it. If you are on talking terms with your neighbor, walk the line with him and place stakes or markers on the agreed upon line. That way you can make it agreeable to both parties. A fence will preserve your property line, giving no room for crooked neighbors/surveyors to move any stakes (that happens more often than you realize). I hope all goes well with your endeavor. Nathan
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  #25  
Old 04/05/06, 10:21 AM
 
Join Date: Jul 2005
Location: ohio
Posts: 222
here in our ohio twp. stock fences have to be 20 feet inside of the property line and max 6 ft. tall.
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  #26  
Old 04/05/06, 03:57 PM
 
Join Date: Sep 2003
Location: Whiskey Flats(Ft. Worth) , Tx
Posts: 8,749
.................Building fence lines "inside" of a surveyed property line is just asking for a court case in my opinion . NOBODY , and I mean NOBody in Texas gives UP their ground . You Paid for every square foot right UP TOO the property line so why would any property owner NOT build a fence on their line . Now , the first one there , in effect , essentially gets to chose what kind of fence they want . Obviously , when one or more sides of your new purchase already Have existing fences it's a different situation . For those that won't assert their ownership and move their fence inside the surveyed property line you still need to Mark the Existing SurVey pegs and stretch some kind of wire betwixt those points to Indicate you are NOT cedeing your legal ownership to that unfenced strip .
................The problem that can develop is that a good neighbor can sell their property , then the surveyor REsurveyors the property sold and he could reset the meets and bounds description to INclude a strip of "Your" property . Plus , you maynot become Bosum buds with the new owner . fordy...
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