Who owns the fence ?

Discussion in 'Homesteading Questions' started by Elizabeth M, May 26, 2005.

  1. Elizabeth M

    Elizabeth M Well-Known Member

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    Hello !

    Does anyone know what the rules are for fencelines? We've just moved to the country (Indiana) and much of the fence around our property is in bad shape from the dairy farmer's cows pushing down on it to get to our grass. His pasture is on 3 sides of our property. Had a cow on my patio yesterday...

    When I asked him who owned the actual fence, me or him, he told me that in Indiana everyone is responsible for half of their back fencing and the fence on the right of their property. Does this sound right?

    I'm not sure why I should have to pay for fixing half of that fence since I have no need to even HAVE a fence (no dog or kids etc). Is he trying to pull a fast one on a newcomer?

    Any input? Thanks.
     
  2. unioncreek

    unioncreek Well-Known Member Supporter

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    You need to check what the fencing laws are. In Washington where I live if you have cattle and the neighbor doesn't you are responsible for all the fence. But, if you neighbor has cattle also then when you are standing on the fenceline facing your property everything on the right is your resposibility. Every state is different. If you have a county extension agent I would contact them and see what they say. If you can't get an answer there try the county courthouse.

    Bobg
     

  3. Elizabeth M

    Elizabeth M Well-Known Member

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    We don't have any cattle. Just a few chickens in a penned yard.

    P.S. Have found out that family pretty much runs the county...MIL is the county comissioner, sister is county treasurer, father head of water comission and other brother on zoning board and county health inspector. Could this come back to bite me in the butt??
     
  4. luvrulz

    luvrulz Well-Known Member Supporter

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    It just might! Can you nonchalantly check with the ag agency? Who installed the fence? The person you bought your property from or him???
     
  5. Elizabeth M

    Elizabeth M Well-Known Member

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    I'm off tomorrow so I think I'll go to the agent like you suggested. No reason to give my address or neighbors name, right.
     
  6. mistletoad

    mistletoad Well-Known Member Supporter

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  7. Elizabeth M

    Elizabeth M Well-Known Member

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    Thanks. I read you link and it's just what I needed to know but...THAT STINKS! It just doesn't seem fair. Without that fence his cows would be gone. I don't need a fence, just him... :grump: Since I'll be paying to keep his cows safe do I get some of the profit when he sells the milk! I know thats the rules and nobody asked me to live here but it bothers me. Stupid Law
     
  8. VALENT

    VALENT Well-Known Member

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    Wow, that's different. Around here, if you have animals to contain, it is entirely your responsibility.
     
  9. mistletoad

    mistletoad Well-Known Member Supporter

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    It does kinda stink, but it could be worse - some states are open range states - you don't want cattle on your land, you have to fence them out! That one really stinks.
    And, on the bright side, your neighbor was truthful with you - sometimes that goes along way.
     
  10. big rockpile

    big rockpile If I need a Shelter

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    Post should be there,I would pay for 4 strands of Barbwire,for my part call it good.His Cattle get over sue for damages.

    big rockpile
     
  11. Elizabeth M

    Elizabeth M Well-Known Member

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    Okay, to be honest, I guess I do have other issues with this guy also. He has about 8 dogs that he lets terrorize the area and breed and breed an they actually come over to the hostas in front of my front door to poop ( I think they like the mulch) I've told him about it and he just laughs and says nobody controls their dogs in the country and that it's pretty obvious I'm new here.

    Actually the sherriff said the same thing when I called them after my mailbox was smashed for the third time. He just said get used to it and that's why everyone's mailboxes are smashed and not replaced. Seems it's just an invitation to smash it again if you fix it.

    Also, he let a sick cow lay in his field for 10 days in the heat before the poor thing finally died. Either fix it up or shoot it. How much does a bullet cost. Don't just let it suffer. :soap:
     
  12. babetteq

    babetteq Well-Known Member

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    Get a large mailbox. Get a small mailbox.

    Take the door off of the small mailbox. Place it inside the large mailbox.

    Fill the gap between the large and small mailbox with concrete.

    Bolt to a sturdy post.

    mwa ha ha
     
  13. Elizabeth M

    Elizabeth M Well-Known Member

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    My brother is a postal inspector. He told me that someone in cincinnati was succesfully sued by some boys' parents when they did this. Seems the kid broke his arm and they claimed the intention of that set up was to cause harm. Kid was a minor and "not mature" They won !
     
  14. VALENT

    VALENT Well-Known Member

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    These kind of neighbors are out there. And sometimes the police care more about what is easy than what is right. BUT if you keep calling and making reports, they will decide that right may actually be what is easy.
     
  15. Jessikate

    Jessikate Well-Known Member

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    That works in our county - and as far as suing parents, remind them that social services may have a question as to why a child is out bashing mail boxes. Two can play at this game.

    Instead of a sturdy post we used an iron pipe that was set into a 5 foot hole. We then filled the pipe and the hole with concrete and built a nice little box around the pipe using 2x 4's. Then we mounted the big/little/concrete mailbox on the the iron pipe. Boy you should see the look an those kids faces - quite a fiew injurys and one kid Knocked himself clean out of the back of a moving truck. His "friends" were too scared to turn around and come get him, so I ended up taking him to the hospital for a broken collarbone and arm. Of course I wasn't his guardian, so they had to call his parents who in turn just about skinned him whien they found out how he broke his collarbone and arm. HEHEHEHEHHEHEHEHEHHEH...............

    I think I'm on the same page as you with the cattle, but don't understand your reluctance to keep up half the fence. You don't want them in your yard do you? I really don't see what the problem is, other than the cost. Guess I'm just used to sharing with my neighbors the cost of upkeep on things that benifit the both of us, like our access road and the fencing (I dont want their cattle in my garden!).
     
  16. Elizabeth M

    Elizabeth M Well-Known Member

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    Guess I'm just stressing because $$ is tight right now. Seems my hubby needs a new knee and won't be able to work his 2nd job for a few months.
     
  17. NWSneaky

    NWSneaky Well-Known Member

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    A complex legal issue; each State varies. In Missouri when you face the fence from your property, the right side is your responsibility, the left side your neighbors.
     
  18. bugstabber

    bugstabber Chief cook & weed puller Supporter

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    Around here you pay for the right half of the fence, your neighbor pays for his right half of the fence. Unless you're along the interstate, then the state pays for the fence.

    There is a saying, good fences make for good neighbors.

    Be aware, some cows can get out no matter how good the fence. How long ago did you purchase your place? Too bad you didn't know about this before closing. Could you do some bartering with a farmer in exchange for stretching up a fence?
     
  19. ThreeCreeks

    ThreeCreeks Member

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    1. The information in the link is a summary of the laws, not the actual law. You need to find out what the laws actually say and how they pertain to your case.

    2. This article is from 1992. Even if it is accurate, the law could have changed since then.

    3. Asssuming the article is still current and is accurate, does this line from the article help you?

    "...If a landowner has constructed and maintained a one-half of a given partition fence other than his right one-half for five or more years, then the right one-half rule may be ignored...."
     
  20. kppop

    kppop Well-Known Member

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    How much does a bullet cost. Don't just let it suffer

    *******

    not much..try them out on the dogs ;)