Sometimes the town is responsible

Posted by jdemaris on May 16, 2005 at 20:21:56 from (69.67.229.130):

In Reply to: Fencing posted by DITCH on May 16, 2005 at 10:21:42:

As already mentioned, it depends where you are. Here in central New York State, nobody has any say about maintaining a fence except the owner of the property where it stands. Most fences are put a little inside the line so the owner can work on either side of the fence without trespassing. In regard to public roads, most roads are actually owned by private property owners, not any governments - and the towns only have an easement for use "over the land" as public highways. That use often is not deeded, thus exists as "highway by presription." There are a few exceptions, e.g. the State owns the property State highways are on.
On interesting note about farm fences and public highways that still exists in New York highway law (and many other states but probably is rarely or never enforced). If a public highway intersects any farm land that must be kept fenced for animals, and the said land on both sides of the road is owned by the same person, it is the Town government's responsibility to maintain the fence lines along the highway - that because if the Town didn't have the road there, the internal fences wouldn't be needed.

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• Re: Sometimes the town is responsible Bret4207 16:09:51 05/17/05 (0)

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