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/real_estate/adverse_possession.html

 

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.

 

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.

 

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!

 

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.

 

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.

 

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.

 

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

 

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

 

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.

 

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.)

 

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

 

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!

 

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.

 

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

 

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

 

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

 

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.

:cowboy:

 

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... :stars:

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.

 

This conversation amazes me. I do not understand why anyone would want to set back a fence in a rural area. The reasons given are all worst case scenarios. I have lived with good and bad neighbors across the fence all my life. Our bull actually crippled their bull when he got into our pasture through their part of the fence. (They had a better bull too.) Unfortunate. Sometimes on this site the mentality becomes the boogey man is gonna get me.

 

Some of us have lived with the boogeyman next door.

If I spend $x.xx per foot on a nice, sturdy, dog resistant fence for my goats I don't want a neighbor with goats (perhaps carrying diseases that could infect mine) or vicious pit bulls showing up and tying into my fence.

Also, even good neighbors can make boneheaded decisions. A neighbor just planted oleanders (WAAAAAAY poisonous) ON THE LOT LINE!!!!!! After I told her how toxic they were! (Sorry for the shouting, but this really ticks me off. If she wanted to put them in her yard, fine, but she planted them on the lot line and I have livestock ...) Her "landscaper friend" told her they "aren't poisonous" and she refused to believe anything different. I've personally seen a horse die of one bite of oleander leaves and that it was a very ugly death. She also indicated it wasn't her problem if someone else's animals got out and ate the oleanders and died -- that people should keep their animals locked up. (Which I do, but we all know goats ... *sigh*)

Fortunately, when I put my fence in, I was nowhere near that side of the property. If I had been, I'd have been putting up a new fence, in a hurry, and moving the goats.

 

This conversation amazes me. I do not understand why anyone would want to set back a fence in a rural area.

Maybe because in some areas it may be the law??? Rural may mean less restrictions/laws... and in some cases may mean none. But... rural does not necessarily mean no restrictions/laws.

Sometimes on this site the mentality becomes the boogey man is gonna get me.

There have been enough people on here that have had to deal with the "boogey man" (whether it be the law or bad neighbors) to know that your experience does not necessarily equal mine. Nor does your experience mean that mine will end up the same.

note: "your" and "mine" is being used in a collective sense... not personally

The OP has a simple choice of checking and following the local laws... or not. If they do, then they can be reasonably sure of no problems. If they don't, then they may end up being forced to move the fence. Guess they need to decide if a potential visit from the "boogey man" is worth the time and expense.

 

I am thinking more about farming than homesteading. If one has lived on a farm for years many of the problems mentioned here have cropped up. If you have neighbors with livestock their idea of what to put next door may be different from yours. I think where I get lost in this site is because many people here are on small tracts near towns. Further away from town with larger acreage, problems are fewer. I get many good ideas from this forum on a variety of topics. It is like anything else, we must choose the information that works for us.

 

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.

What does this have to do with the discussion of fencing in RURAL areas, or Indiana?

 

What does this have to do with the discussion of fencing in RURAL areas, or Indiana?

I think what is being said is that your DEMAND regarding your EXPERIENCE or OPINION, as in post #11, may not apply in all areas.