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Fence Laws

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Pitch

02-09-2004 17:30:08

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The post below on fence laws is intresting to me but I really don't understand the sharing the cost bit. Are you guys saying that if my neighbor wants to raise Buffalo I would have to share the cost of an 8 strand electric barbed wire with well casing posts. Then again if I was in a fence out state would I have to build to his satisfaction? Say I had 3wire barbed and he decided to run show horses Why should I be required to protect his investment at no benefit to myself?

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David811B

02-11-2004 11:04:33

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Check your local laws but I would think it would be His responsibility to Keep his Buffalo Fenced in especially if you don't live in open range country. You may be required to build a reasonable fence like T posts and 4 strands of barbed wire, anything beyond that would be up to him.

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Nolan

02-10-2004 11:37:26

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Varies with states. In Maryland, there is no particular fence law other then interfering with traffic visibility. Though honestly, in my current situation of having to fence a neighbor out I wouldn't have minded having him pay for it.

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Scott

02-10-2004 09:53:50

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Here, we have the right hand rule. My information says that you only need to supply a "proper" fence (not sure if this is defined somewhere), and if the neighbor wants to build something more, then it is his responsibility to put up the extra expense. Insurance claims can occure for animals in the neighbors land...too many and the insurance company will drop you.

We are trying to fence our family farm, and I was told my grandpa had gone to the county courthouse and changed our west fence to the left side....no idea why he did that, but it's apparently registered somewhere in the courthouse.

My dad has worked an insurance claim here where a guy wants to raise elk, requiring a MUCH higher fence. Without going into detail about the claim, in the end, the neighbor just gave him money for a 4 or 5 wire fence, and the elk farmer will put the rest of the bill.

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tlak

02-10-2004 09:24:02

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

I wouldnt count out any of your local, state, or fed govs on cost sharing fence. Most of them have some good neighbor policy in effect. Ask

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kraigWY

02-10-2004 07:25:01

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Wyoming is a fence out state, except for pigs and goats. Fences must be min. 3 wire, and the fence cost must be split. Having said that no law prevents manners. I see no reason my neighbor should have to fence my cows out of his gardon nor help pay to keep my cows home. There for I'll pay for my fence thank you to keep my critters home.
A good rule of thumb, "Good fences make good neighbors". I see no advantage in letting the cost of a spoil of wire come between old friends or gaining new friends.

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D.L.

02-10-2004 11:02:33

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Re: Re: Fence Laws in reply to kraigWY, 02-10-2004 07:25:01

Hey Kraig,
Wish I had neighbors like you... we're in Natrona county & most of my neighbors don't know what a fence is... in another post I mentioned what I had to do to keep the cattle & sheep out of my pasture and water (which I have to haul)... gets pretty aggravating, but once I built my field wire fence, the problem was solved.

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hobo jungle

02-10-2004 03:42:52

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Ben in Ky is correct. Fence laws vary from state to state. Here in southeastern Ohio, line fence ruling's are as follows: A legal line fence between two property's consists of No. 9 woven wire with two strands of barb wire on top. Unless both sides agree that one can be built of all barb wire. It must be at least 5 strands running the full length of the fence. It is an unwritten agreement that when you stand on your property and face the fence line in question. The right hand end is yours to build. However, that is not law. You are responsible for half the fence. I have had to bring in the township trustee's to divide the fence because the other land owner did not feel he was responsible for fixing any of the fence. Many individuals do not understand when they buy a large tract of land that they can be made to build boundary fence. It has at times been a real education. Especially when it is put out for bid and the costs are added to their taxes. When if they would have listened to reason and accepted an offer to share, the cost would have been far less. Just my opinion.

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John

02-09-2004 23:47:11

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

I do not understand it either. Seems to me you want a fence put it up. Just keep it on your side. I do not like your fence I will put another up. We both want a fence at the same time and my type cost $100. and your type cost $200. I give you $50. and you pay $150. Have seen two fences a foot apart plenty times in our area.

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Michael

02-09-2004 22:21:47

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

In Iowa we have "right hand rule". Apparently, you face your neighbor and each does the right-half of the fence.

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Bill Smith

02-09-2004 20:55:20

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Fence laws very from from state to state, and perhaps county to county. You will have to check with your local laws. At one time, alot of areas was open range for livestock. Then fence started going up. Some people were burdened with keeping there livestock in, and some people were burdened with keeping other peoples livestock out. Along the way, laws were passed. One hundred and some odd years later, we still abide by the law. When the laws were passed, they may or may not of made perfect sence. And you guessed it, they may or may not make perfect sense today. But a law is a law,and we as law abidding citizens have to go along with the law. Check out your local laws on fencing.

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Gary Schafer

02-09-2004 20:07:23

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

In Wisconsin it used to be that each land owner was responsible for fencing his North and West side of his property. That would work out ok except ours had the county road on the East side of the property so we had to also build the fence on the East too. If you didn't need the fence then you were stuck. But if you didn't participate and build your part of the fence then you couldn't complain when the neighbors cows invaded your property.

I don't know if the laws have changed now or not.

Regards
Gary Schafer

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Burlgoat

02-09-2004 19:43:33

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Pitch
Here in Texas we are what they call free range meaning that if you don't want their livestock on your property you fence them out.No you don't have to build a fence to suit your neighbor just the type of fence that you want to protect your property.Like I stated most of us build good fences and usually both parties involved will split the cost.Sometimes you run into someone who doesn't want to share the cost just set the fence over at the corners about two feet and don't let him tie on to fence.County Sheriff frowns on the ole' boys that don't want to do right.

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Robert

02-10-2004 05:58:33

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Re: Re: Fence Laws in reply to Burlgoat, 02-09-2004 19:43:33

I don't believe that's quite right. They are YOUR cattle----YOU need to keep them on YOUR side of the fence, whether the fence is between neighbors, or faces a county road---think about it----should the county pay half of the fence cost so your cows don't get hit by traffic? I don't believe that would work too good....

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John

02-10-2004 13:18:22

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Re: Re: Re: Fence Laws in reply to Robert, 02-10-2004 05:58:33

I take it you have never seen a cattle guard across the state road either. In free range areas the state does pay to keep my cows off major roads. And if you hit my cow on a minor road you bought it or at least it would be like hitting a deer. I would not have to pay to repair your car.

While I do not agree with the law it is still in force in some areas. Goes back to the old days of when cows were branded then set free till next year.

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Robert

02-11-2004 12:48:32

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Re: Re: Re: Re: Fence Laws in reply to John, 02-10-2004 13:18:22

Different states, different laws. Around here, if cows are out on the road, and the sheriff can't get in touch with the owner, they'll make a call for someone to come pick up the cows. Then, an ad gets posted, and the owner goes to claim his cows, and pays the "boarding fee". If the owner can't be located after a reasonable time (30 days, I think), the cows are sold at auction, and the boarder gets paid for feed etc.
They're still your cows, and believe me, I'd do everything within my power not to hit one of the little darlings if it was in the road, but, if I did, due to negligence on the owner's part (fence down, whatever), I'd let the insurance company figure out who's fault it is/was that an animal that should have been controlled, wasn't.
My .02 worth....

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D.L.

02-10-2004 06:38:18

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Re: Re: Re: Fence Laws in reply to Robert, 02-10-2004 05:58:33

Lotta western states are just that way... Wyoming is a fence out state too. My "neighbor" runs 400+ head of sheep & didn't care where they went... I had to build 3/4 mile of fence (at my own expense) with field wire so MY livestock would have pasture... ON MY OWN PLACE!!!! I think a lot of these statutes are a carry-over from the cattle-war days... don't make any sense to me, but that's the way it is!

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Dieselrider

02-10-2004 16:23:14

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Re: Re: Re: Re: Fence Laws in reply to D.L., 02-10-2004 06:38:18

Didn't your neighbor have to help with the cost of the fence?

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D.L.

02-10-2004 20:07:12

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Re: Re: Re: Re: Re: Fence Laws in reply to Dieselrider, 02-10-2004 16:23:14

The state laws say the adjacent land owners are to share the cost... but try to get 'em to pay! About all you could do is go to civil court... even if you get a judgement against them, still no enforcement to pay! The remedy is to put a lien on the property, but unless they try to sell, doesn't do any good... the lien can remain in effect indefinitely. Besides, I figured if he did finally cough up some cash, he could decide to put a gate (or whatever) right where I DON'T want one... I finally decided to just cut my losses and build it myself. Now, if anyone tries to mess with it.....

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Larry806

02-09-2004 19:17:20

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Laywer for our TWP checked Ohio law We had a lot of fence fights He said the only legal fence is woven wire with a single barb wire on top Any dispute now the trustees just call in a dozer to clear the line , than a pro fence builder ( get's VERY expensive!) land owners have to split the cost or have it put on real estate taxs

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old

02-09-2004 18:22:27

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Fence laws can be crazy at times in Missouri it us to be that if your neighbor wanted to put up a fence you payed half but now if you don't need the fence he pays all but then if you start to need to fence it gets very crazy

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Ben in KY

02-09-2004 18:16:31

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

Fence laws vary from state to state, you will need to check out those in your state.

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TommyP

02-09-2004 18:07:34

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Re: Fence Laws in reply to Pitch, 02-09-2004 17:30:08

I found the whole post very interesting. I don't understand it either but I've got 250 year old New England stone walls all around me.

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Ray,IN

02-10-2004 18:50:54

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Re: Re: Fence Laws in reply to TommyP, 02-09-2004 18:07:34

Indiana uses the right hand rule also. The type fence is described as "horse high and hog tight". That to me is a woven wire fence with barbed wire on top. Township trustees control the issue when disputes arise. One of my cows walked through an old fence onto a neighbors lawn, he wanted to claim the cow for damages. He refused to help build a new fence so I contacted the trustee who promptly called the neighbor and got the same response. The trustee had 1/2 of the fence built(at $10 per foot) and added it to the guys taxes.

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