What is the best way to approach a neighbor about

I think with certain types of livestock and especially with wood fencing you would want the post on the inside (towards the livestock)with the wood rails fastened with nails, not screws on the outside. Or is it the other way around. LOLs.

Contact the neighbor and inform them that you will be building a fence. Ask them if they see you erroring with the location please bring it to your attention. Place the fence 100% on your side of the surveyed line but so close that it is kissing the line. The fence will become the recognized boundary and if you set the fence inside your property you could be setting a precedent as to where the line may be. This could lead a decision in the future where you would have to forfeit part of your place. Adverse possession is something you do not want to learn about due to a fence not being at the property line. PS...at each survey marker drive a pipe into the earth and leave the pipe protruding at least 3 feet. The pipe will last a long time and if you drive it deep enough a person cannot pull it out. By leaving the 3 feet above ground you will always be able to locate the marker and you will not be running equipment over them.

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Agmantoo
If they can do it,
you know you can!

The typical deal is you each are assigned 1/2 half of the fence - look at the fence from your property, and you are responsible for the right-hand half of the fence. So if the horses kept getting out of the left-hand side, then it is your neighbor's problem. If they were getting out on the right-hand side, then it would be your problem. Damage to the fence; damage to the critter, and damage to other property can be assigned to the person who had the poor fence.

It does become a legal thorny issue if things get that far....

Each state has different laws, I'm assuming the average of them all.....

--->Paul

I would check your local zoning laws. Here where we are since we are zoned AG we can put any fence for livestock right on the line. The person who puts it up maintains it. If we are fencing in just for a yard (say because we want our children kept in) then it has to be 2 feet in from the line and the nice side has to face out. In most places local ordinances take precidence over state laws.

Property boundary disputes are the worst. Trust me. I lived in a subdivision where the builder put in the fences incorrectly and I got the short straw. Thankfully, my neighbor and I worked it out amicably. However, when the builder moved all the fences, another person who lost about 10 feet wasn't so easy going. She proceeded to get herself arrested for stalking because she was so angry that my neighbor and I pointed out the problem.

But don't leave a 3 foot tall pipe in exposed ground lest you have someone impale themselves on it. That would be one major lawsuit.

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Survivalism. It's not just for survivalists anymore.

I am interested in this also. My husband and I are looking to buy a house, and we will be having a survey done to determine the lot boundaries. The plan is to introduce ourselves to our neighbors, and let them know our intentions. We will see if they want to get a survey done at the same time also. Up here you can get an adjoining property surveyed at the same time for a reduced rate since the common boundary is only measured once. I'm not sure if it will work out, but we will see. This will be what we do no matter what we buy.

We also plan to get a fence put in too, mainly so that the dog doesn't have to be on a running line while we are outside doing things. It will also be a little extra peace of mind to keep the baby safe. If we get the house we are really interested in, my concern would be more about gates though. There is a cute little path from the back of one house to the back of the neighbors house. We would like to put a gate in there, in addition to a gate in the front of the house. We don't quite know how to suggest it though. I suppose first we should buy the house, and also meet the neighbors before we worry about it though, right?

Kayleigh

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http://kayleighjeanne.blogspot.com

in my subdivision, we have the right to go onto the neighbors property within the first 3 feet from the fence in order to maintain the fence.

ive always assumed that on rural property the fence owner secured the wire on the inside of the post. that way you are standing on your property as you build.

I talked to our county surveyor a few years back, about the 'fenceline' becoming the boundary line, after so many years... she said it was an 'old lawyers tale'. I had told her that my fenceline was off, in my neighbors favor, and had that fenceline 'ripened' into a legal boundary. No, it hadn't and wouldn't. I'd asked if I should pull all the fence out and put it on, or six inches on my side of the actual line. She said I could if I wanted the extra work, or needed the land for something. A fenceline never ripened into a boundary... for what if someone came through with a bulldozer and took out all traces of the fence... they'd have to go back, from a known survey marker, and go remark the actual boundary line again....

I like all of my fences, inset about six inches... this way, the neighbors can't insist on a gate... I don't need no gates for them to access my place!!!

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Luck is what happens when preparation meets opportunity. Seneca
Learning is not compulsory... neither is survival. W. Edwards Deming

In Indiana the property owners have to maintain their half of the fence. We are in the process of putting up a fence. It is going on the line. Our former landlady did not want to pay her half, but after having the law faxed to her, she sent us a check for her half. I told her we would put it up if she paid for materials. That saved her a huge amout in labor costs. In Indiana a fence on the line needs to be horse high, bull strong, & pig tight. So, a land owner can not string a few strands of barbed wire for their line fence. We are actually going with cattle panels. A little more costly, but will last forever & can easily be fixed if a panel is damaged.

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I can't believe I deleted it!

I'd gladly pay for the materials if all of my neighbors wanted to do the labor. I'd consider that a bargain.

If I could force a neighbor to pay for half of a fence I'd more than likely just do it myself especially if they were elderly or on a fixed income or poor. Making someone spend money on something you want while legal is ...well... mean.

Of course a certain neighbor who won't keep his cows in and out of my CRP and crops......

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Respect The Cactus!

You should give your county ag extension agent a call and see if they have any info for you on fencing laws in your area.

In Nebraska, we have what's called a "Nebraska Fence Viewers Statute"

Basically, neighbors are not required to share the expense of fencing unless (1) neighbors agree or (2) neighbors fence viewer process is implemented. The "fence viewers" determine each participant's responsibilities for the fence.

The County Clerk has the information people need in order to go through the fence viewer process.

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You shall judge a man by his foes as well as his friends
~J. Conrad

Seems like very wise words.
Another thing if you want a fence that is in some way better than the leagal standard thats your expence to bare.
In spite of the law the way it usually works her is someone with stok fences his animals in .
But the fence is usually on the line and DEFINES the line....maybe we are just agreeable people? LOL!

This is just the strangest conversation...
Where I live people have what are called "perimeter fences" or "boundary fences" that mark property lines. The idea of moving it in from the property line just seems like a horrid waste of ground...

Ideally, it's supposed to be a shared expense, just like the statute fantasymaker quoted. But it doesn't always work that way. Generally how it works is that the party who cares (either about fencing their stock in, or fencing yours out) makes sure the fences are tight.

DH and I just bought 40 acres. We're surrounded on three sides by the neighbor's section and a half pasture, but judging by the fence, it's been a while since they were diligent about upkeep. Truth be told, we didn't think much of it. We just assume we'll probably be doing most of the fencing along those stretches because we're the ones that care.

Although, of course, I'm taking barbed wire here. I suppose if you want to put something higher cost in, you can pretty much guarantee you're going to be the one paying for it and keeping it up!

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~*~Erin~*~
SAHM, ranch wife, sub and quilt shop proprietress
the Back Gate Country Quilt Shop

I understand it can be "the law" but if a new neighbor moved in and approached me with an invoice for 1/2 the cost of a new fence so he/she could contain their critters!, well, it would not make me happy.

When I moved here, I informed my neighbor that I wanted to put up a fence 4' inside the boundary line so I could mow it on the outside. His response was "Great! Legally you could ask me to pay for half the cost, and I really appreciate the way you've decided to go about this". I love my neighbors and they are wonderful to me. First impressions mean a lot!

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I cried because I had no shoes, until I saw a man who had no feet.

I think the big reason behind the law is this: If I spend money putting up a fence to keep my animals in & my neighbor doesn't pay for anything, why should they be able to later buy animals of their own & use the same fence that I paid for?? I assume that is why the law got passed to begin with. People would put up a fence for their animals, only to have the neighbor then decide since there was a good fence to get their own animals & make use of it without incurring any of the expense. Definitely not fair. Also, if I were to keep the fence in 4 feet on our property, I could still be made to put up a fence on the property line if the neighbor wanted to do so. So, the fence might as well go on the line to being with.

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I can't believe I deleted it!

Definitely why a person would want to get this all agreed upon before the first post goes in.

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I cried because I had no shoes, until I saw a man who had no feet.

We set the fence back in about 6' from the property line for a few reasons:

We want to grow a hedge and shade trees along the boundary line. The fence keeps the stock out of the new seedlings.

Eventually, when the fence rots away, the thorn hedge should be grown in enough to be stock tight.

I didn't want folks on the outside of the fence feeding or tormenting our animals, putting the fenceline inside our boundary prevents this.

Biosecurity - neighbor dogs and their fleas, tapeworms mange or whatever can't get nose to nose with mine.

little lambs and kids sometimes get their heads through the fence, and graze the other side. I can't control what my neighbor grows (toxic plants?) and I don't have to hear complaints that the lambs are eating their flowers.

Some of our neighbors do not eradicate noxious weeds. The buffer keeps the burdock seeds off my sheep....

We had plans to put a very flimsy barbed wire fence on the property line just to keep the neighbor from "drifting" over. I pounded in a bunch of t-posts every 25 feet or so with intent to add wire, but the t-posts and lack of cutting in between seems to be adequate now in defining the true boundary.

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Hut on the Hill Farm
http://www.hutonthehill.org

:banana02: Wow! Thanks everyone this was very helpful. Lots of things to consider for sure. Have a great day.