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Discussion in 'Homesteading Questions' started by Wannabee, Apr 1, 2006.
Can I simply put up a fence on the property line, or do I need neighbors permission???
Are you in a county, township, or city situation? Each one can have rules on this. Type of fence will matter to the rules as well.
In the country with no additional local rules, for livestock, your state will have livestock fencing rules that govern it. Typically, yes you can right on the line. It may be used by your neighbor then, and there gets to be cost-sharing issues that get interesting, but if you are putting up your own fence at your own cost shouldn't be a problem.
You can probably find the state fencing codes on-line.
Here it is:
http://www.fnr.purdue.edu/inwood/past issues/indiana farm fence law.htm
You have the typical deal, best to put it on the line or you could lose property, and each landowner owns 1/2 of the fence, but it gets messy if only one person wants/ needs the fence....
If the purpose of your fence is to fence your place in...the neighbor won't mind. If the purpose of your fence is to fence the neighbor out...he may not like it.
If you're fencing him out, you'd better pay for a survey and make sure the fence is ON the line. We had to do this one time when a neighbor was planting his soybeans 15-20 feet past the line, in our hayfield.
We paid for a survey, had the surveyor put up his "official" stakes, and then pulled a string taught from stake to stake, making a straight line. We then fenced down the stringline, making sure that no part of our fence crossed the line. It went to the line, but not actually on or over it.
The neighbor never said a word...how could he complain? He had no right to plant on our property and we both knew it. We never had words about the fence, or his encroachment onto our place.
We probably wouldn't have done anything if it appeared to be an honest mistake, but each year he was gaining a few more feet over the line. Also, when he planted or harvested, he turned his equipment around in our field, destroying even more of our hay. The fence was a simple and practical solution. No hard feelings on either side... :sing:
The correct way to place a fence on the line without your neighbors permission is to place the fence along the line on your property.
Your neighbor can"t damage the fence or de-face it,( being solid ) without trespassing or damaging your property!
It is your property and if you want to go on his side of the fence to trim or whatever, you will still be on your property.
Fences make good neighbors! :clap:
In our situation, the fence made an enemy...
I came home one day to find the new neighbor had put up a fence. It made a bit zig zag and shot a good thirty feet onto my side. It was so obvioulsy crooken, an enourmous L or dog leg, that I was surprised they'd done it that way. I went over and said that it looked a bit crooked and the woman told me no, it wasn't. She finally said I'd need to show her, so I did. She stood right there and insisted it was all on her property. So I stood her at the corner marker (where she'd started), and pointed to towards the post about forty feet way; told her if she drew a line straight from the corner through that post, the property line would run straight through the middle of my pick up (which was in my driveway next to my house.) She was less than pleased that I was right and hasn't spokent to me since!
Then again...maybe the fence did me a favor? LOL!
Lots 'a people around here each place a fence just inside the lot line. Everyone knows whose fence is whose. No problems, especially if one sells, or if one doesn't take pride in a tight fence. :croc:
A lot of people will put it a foot in just to make sure it is all on their property. Neighbors have nothing to say about that.
Look into your local building codes office/ town hall, get it in writing.
Around here, if the fence is exactly on the property line, it is then owned by both neighbours, meaning the neighbour could take it down/damage it and get away with it.
I put mine 4-6 inches on my property. It's ALL mine. You break you buy.
Where I have chain link separating me from disagreeable neighbors, I had some small signs made that are mounted on the fence every 20 feet:
NOTICE: Property line is 18"
in front of this fence.
Hopefully that will keep the lawyers at bay.
In Ilthe fence laws on agprperty are seldom observed BUT the LAw is that you are responcable for1/2 of the fence on each line between you and yopur neighbors. Yes you can be forced to put up a fence you dont want and yes you can force hime to also the question is is it worth it?
Once the fence is up it is assumed to be at your line so have it surveyed and try to get along with your neighbors!
In my little part of Indiana here, you can put the fence up to the line, but not across it, which I have chosen to do. It was easy since I had had the property recenty surveyed and the markers were still in place. The height and type of fence however, can be subject to local zoning laws, if any.
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.
Our state line fencing law says that if you put up a line fence, both property owners are responsible for the cost.
We used this as an opportunity to have the neighbors sign a form that specified that we were NOT going to require they pay for half the fence, that the fence did not replace survey lines as the boundary of our property, and that they knew the fence was electric.
They were happy to sign, because they knew we could legally have charged them for part of the fence. It gave us a chance to talk with them about why we were fencing (for livestock) and about how the fence was going to be electric so they didn't go zapping themselves. Made some good neighbor relations out of it.
Well, we have the long side of our property, 13 acres, adjacent to the
State Forest. So, I guess we will have to stand the cost of the whole fence,
IF we ever put one up.
If I don't put up a fence..........I don't have to take care of cows or other stock. At 66 yrs old, I'd just as soon not start that.
Guess I'll just let the deer roam free.
Put up a fence and gate.Checked out deed and property desciptions. Put it up and the neighbor ran over me with his just off the showroom floor dully while I was hanging the gate.He then sued me and I lost. He said he had a pepective easment? He has sued everyone on our road. Made one neighbor move his fence line one inch. Nuff said
When I started fencing for my sheep and goats, I approached my neighbors to make sure we were in agreement that I was a couple feet inside the property line, on purpose, so I could mow along the outside fenceline when/if necessary. One neighbor did tell me that our laws says each neighbor is responsible for half the cost, but I told him I wasn't looking for money, just to be in agreement with where I placed the fence. My perimeter fence borders 4 other properties and so far I've never had any problems with this set-up.
Goh, Big Dave sounds like you and your neigjhbors need to band together...
Terry Now ruminating about fencing.....
Go talk to the nieghbor.
They will not mind most likely as long
as your doing it at your own expence
Its just common courtesy to talk with the nieghbor.
There have been four different surveys done in the last six years on the south and west side of my property, all initiated by various property owners as they split and divided their properties.
Four different surveyers have come up with four different property lines, with a total variation of about six feet on the south side. We now have a cluster of competing survey markers in a few spots.
Fortunately, when I fenced part of that side, I fenced 12" inside the FIRST surveyed line and all the other surveys were to my advantage except one, which was only "inside" the first line by about 6".
When I fence the rest of the property, I'm going to fence a several feet inside it with good no climb & then fence the line that MY survey says was right with an electric fence. The wire will be fairly easy to move if a future survey says I'm over (and will discourage neighborhood dogs from running my fence line!) -- though that'll still be six feet inside the survey marker that's the farthest from the one that was there when I bought my property. I just don't trust surveys anymore & the next one might not be to my benefit. OTOH, after a certain amount of time, eminent domain comes into play.
What really gets confusing is when you trying measuring the distances between markers ... they're ALL off the legal description by several inches to several feet. We're talking one and two acre parcels. If somebody every decided to get legal about things, it'd be an ugly court fight -- fortunately, most people out here would rather work things out fairly. (I've got good neighbors, thank goodness.)
...I sugest you get to gather as a group agree to somthing momument it and have a surveyer measure it and record it!