Homesteading Forum banner

1 - 20 of 29 Posts

·
Registered
Joined
·
438 Posts
Discussion Starter #1
Help. What is the law regarding putting up fence along a property line that is shared by another property? Can I put fence on my property line, or do I have to put it so many feet inside my property line? I have called a real estate lawyer, but they are in court today, so it'll be Monday before I hear back. Thanks in Advance!
 

·
Registered
Joined
·
438 Posts
Discussion Starter #4
Well, I read that whole thing. Doesn't say anything in there about fence laws. Just talks about livestock at large and what a fence is. I do appreciate the help though.
 

·
Premium Member
Joined
·
40,990 Posts
Fence line laws vary widely from state to state, and there are lots of different situations that require different laws within any state. Things like does your neighbor have need or use of the fence? Or the flipside if he is the one building the fence.... should you be required to share the expense and maintenance? In my situation where my neighbors and I both have livestock in theory I am responsible for half of the fence... looking at the fence, from my side, I am responsible for the right half of the fence. Its never quite worked out that way, but legally thats how its sposed to be. I just take care of the fence, and dont bother my neighbors. I dont want my cattle getting out causing problems for neighbors, or people who drive up and down the road.
 

·
Registered
Joined
·
11,379 Posts
In many states, IF a fence is put on the line, it is then owned by both parties. I like to own my fence so I usually build one, about a foot or so off line.
That's what is done here. After you pay good money and hard labor to install a fence covering many acres, people don't want to have anyone attach something to it.
The thing is, if it's right on the lot line, both parties are responsible for the repair - not that it mostly works out that way.

I learned the hard way by trying to install an electric fence. Amazing how quickly my neighbor came over & said his fence was inside the lot line. Mine is now about 3 inches inside the lot line. Now, on the National Forest side - it's right on the line.
 

·
Registered
Joined
·
438 Posts
Discussion Starter #8
Without getting into too much detail. Neighbor said several times to go ahead and use his fenceline to put up our fence. He has horses we have small livestock. Now that we are half way done on that section, he wants our fence three feet inside our prop. line. Which is fine if that is the law. But, it would have been nice if he had said that BEFORE we started. From now on I will not take someone's word on stuff like this.
 

·
de oppresso liber
Joined
·
16,876 Posts
When in doubt spend a few bucks and ask a lawyer for a WRITTEN answer to your question. It can save you lots of headaches and tons of money down the line.
 

·
Registered
Joined
·
438 Posts
Discussion Starter #10
Yup. Called the lawyer (real estate) to get the down low. But, thought I'd hear from other homesteaders in case they knew. Won't hear back from lawyer till Monday and wanted to either take down fence tomorrow or keep going. But, I think I'll take down the fence and put back up where the lawyer says is legal. These are nice neighbors ( I do like them) and I just wish they had said something before work was begun on the fence.
 

·
Born in the wrong Century
Joined
·
5,439 Posts
Usually its 1 and 1/2 feet between fences.1 1/2 your side 1 1/2 his for three foot of maintenance.
Though that is more of a nicety then a legal requirement much like the ugly side in.
Like YH said as long as its in your property line its yours and golden more then likely.
Laws usually only restrict height and not placement.

Now though if you put the fence on his property, can cause you some grief.

And if you place it on the line then its normally co owned.

Here if I own the fence and some one puts up a fence on three sides of the property then proceeds to use my fence (running animals in the newly created compound) then I have the right to request they either desist or I can demand 50% of the cost of the fence.
 

·
Premium Member
Joined
·
40,990 Posts
Usually its 1 and 1/2 feet between fences.1 1/2 your side 1 1/2 his for three foot of maintenance.
Though that is more of a nicety then a legal requirement much like the ugly side in.
Like YH said as long as its in your property line its yours and golden more then likely.
Laws usually only restrict height and not placement.

Now though if you put the fence on his property, can cause you some grief.

And if you place it on the line then its normally co owned.

Here if I own the fence and some one puts up a fence on three sides of the property then proceeds to use my fence (running animals in the newly created compound) then I have the right to request they either desist or I can demand 50% of the cost of the fence.
Yeppers, and you can even lay out a few hundred bucks, take them to court, get a judge to rule in your favor, and issue a judgment to that effect.... Which your neighbor can then ignore. Then when you take your fence down and let his critters out, getting someone injured or killed in an accident..... guess who gets sued? I like my system better. I was going to have to build a fence either way, whether my neighbors had critters or not... Yep, I paid for it, built it and I maintain it.... it costs me not one penny more and my neighbors still smile and wave when they go by, and sometimes even invite me over to their place for a bbq and drinks. I like my system better than dealing with judges, lawyers and neighbors in a bad mood because I demanded they help pay for something I need.
 

·
Registered
Joined
·
79 Posts
Find the property line and put the fence on yourside maybe by an inch. Most neighbors will not share the cost of construction or maintenance. A lawyer will tell you what should happen if it where a perfect world.
Always ask yourself be fore you go to court, do l have a smart lawyer or a good lawyer? A smart lawyer knows the law, a good lawyer knows the judge.

Putting a fence on the line you could lose half the ownership of the fence. Putting the fence say 2 ft on yourside of the line you could lose 2 ft of property. I know, I know everyone is going hop on the I've got a deed band wagon but am I the only person that has lost ground in the past from a misplace fence? Remember when you get before a judge sometimes he rules in a compromise.

Bellcow
 

·
Smiles are Contagious
Joined
·
246 Posts
In my state, I found the fence law by searching the town ordinances online. You may have luck with searching your town/borough/county actual government website.
 

·
Registered
Joined
·
3,129 Posts
Without getting into too much detail. Neighbor said several times to go ahead and use his fenceline to put up our fence. He has horses we have small livestock. Now that we are half way done on that section, he wants our fence three feet inside our prop. line. Which is fine if that is the law. But, it would have been nice if he had said that BEFORE we started. From now on I will not take someone's word on stuff like this.
That's a lot of dirt to throw away. I want to know how you'll maintain that 3 ft of property. An inch inside of the line is good enough to have total control. My neighbor put up a fence when I was out of town and actually put some of it on my property. I'll plant eastern red cedar within 3 ft cause he won't move it unless I take him to court.
 

·
Born in the wrong Century
Joined
·
5,439 Posts
Yeppers, and you can even lay out a few hundred bucks, take them to court, get a judge to rule in your favor, and issue a judgment to that effect.... Which your neighbor can then ignore. Then when you take your fence down and let his critters out, getting someone injured or killed in an accident..... guess who gets sued? I like my system better. I was going to have to build a fence either way, whether my neighbors had critters or not... Yep, I paid for it, built it and I maintain it.... it costs me not one penny more and my neighbors still smile and wave when they go by, and sometimes even invite me over to their place for a bbq and drinks. I like my system better than dealing with judges, lawyers and neighbors in a bad mood because I demanded they help pay for something I need.
Just citing the law as I know it. If I leave space for maintenance then I should have access, and not deal with a bull...

I prefer not to talk to lawyers and Judges but shooting people will land you there and then more then likely you have conversations with fellow convict and Jailers... I can be amicable but some people can't.

So if I must take the legal High road I will over the other options which will land me behind the gavel...

As far as them Ignoring a Judgment , nope I would have it laid out in the complaint , a structured payment plan. On the first missed payment I would be right in front of the judge yelling contempt, bet the next payment arrives on time. Similar to child support.

Most of my neighbors are decent infact the one to the right just bought a post hole digger for the tractor and we will be putting up some fences together. I showed her how to hook it up today.

Sometime though you got to do what you need to do... The other neighbor I wouldn't spit on and let alone care if he waved, save it was on the end of a rope and in the wind. Hope they move soon and the next will be better. He made that bed.
 

·
Premium Member
Joined
·
8,988 Posts
Are you ruled by a town, a township, or county?

Every state is different, but the above can have their own set of rules, most especially a town/city.

In general if not ruled by a town you can put the fence on the line.

Your location might allow for you to,put up half the fence, the neighbor has to put up or get billed for the other half, as well as maitenence of each half by each party. This makes sense if both of you have livestock; less so if your neighbor doesn't have livestock. You don't -have- to make your neighbor pay, and in sure would not unless he puts livestock on the fence....

Many road easements or publicly owned land or human made ditches also have special setbacks, 5 to 16 feet. We can argue that is taking away personal use of personal property, but when they make you move the fence you lose anyhow so look into that if you have a road or ditch or such.

If you set your fence back from the property line, 20 or 30 years from now people might forget that and assume the fence is on the property line. In some rare cases your neighbor might even be able to claim they now own the property up to the fence, of you fail to 'maintain' that strip of land by mowing it, or walking it, etc.

It's typically all up to you, unless you are in a town limits - they typically have town rules governing fences that will make no sense at all for livestock and land use purposes, but such is town life.

Paul
 
1 - 20 of 29 Posts
Top