Fences

[LazyWP]

How do you guys handle boundary fences? We have had long standing stretches of who takes care of it. The last couple years, I have had to do the good majority of it, and I am whining!! I have 2 neighbors that I am pretty sure haven't put a post in their part of the fence, in over 6 years.
On the plus side, with the recent rain, it sure makes for good digging.

 

[Mike]

In my State, there is a law about both owners (no government) must maintain a common fence.

If one owner notifies the other that a section of fence needs fixing and the notified owner doesn't show up for a predetermined, mutual "fence fixing" period, he must pay a reasonable amount to the fixer for labor and materials.

This also goes for common fence owners who own no stock. I guess they figure fences not only keep animals in, they also keep animals out.

 

[Big Muddy rancher]

We fix most of our boundary fences. In this country when first fenced the lines went on the west side of the road allowance. Since we were fixing most of the fence we moved the fence back 66feet to our side of road allowance. that made it our fence. we own it we fix it.

 

[jodywy]

http://www.agrisk.umn.edu/cache/ARL03962.pdf
For Nebraska

 

[floyd]

Try 21 yr. The joker "fixed" it 1x. Just easier to do it right myself.

 

[lefty]

In Minnesota you own half the fence , stand in the middle of the fence yours is to the right . Every one must fix fence but most of the time it isn't that way.

 

[mrj]

SD fence law WAS good for the livestock producer, however some recent legal decisions may be eroding that fact.

Basically, it was neighbors stood at the center of the property line and each fenced to the right. No matter what property use, so those with crops could not force livestock owners to fence it all, nor could the livestock owner force a crop producer to fence it all to protect his crops.

Some friendly trades are made, and we have done some of that which has served both parties well where terrain is a problem. Over time and land ownership changes, it seems that following the rule of law serves everyone best, IMO.

mrj
mrj

 

[RSL]

Stand in the middle of the fence facing your neighbour's property. The stuff to your right is your responsibility, the stuff to the left is theirs. If your cows keep getting out, the whole thing is your problem...

 

[Aaron]

Here it's like most places, your responsible for the right-hand side of the fence.

The easiest thing to do is look after the whole thing, until it gets shaky enough to replace. That's when the fun starts.

When replacing a fence, each owner is responsible for the right hand side of the fence. If the one owner decides not to pay for his half, the municipality/county is supposed to have a team of 3 landowners/farmers come and take a look at the fence. If they decide it is in need of replacing, the municipality is to pay out the required 1/2 of the cost of the fence and recoup that cost from the non-participating landowner through his tax bill.

 

[randiliana]

We do the vast majority of any fencing. It is simply easier than fighting with neighbours, and it is as much to keep their cattle out than ours in. Some neighbours will help out, buy fencing supplies and some don't.

 

[LazyWP]

I do most of the fencing, for my neighbors, and for the most part it really doesn't bother me. They all have cattle year around, and I just have them during the summer, so I have a bit extra time. The ones that really get me, are the "professional" fencers. They travel all over the area building really nice fence, but other then 1 box corner, have not put a post in the ground in 5 years. Then on the other side, they make sure and tell me about how, 8 years ago, they had to fix my part of the fence. I wasn't here then, and I do believe I have made up for it since.
All is well now. Fence is all good to go, and I can quit whining about it.

 

[Broke Cowboy]

Here it's like most places, your responsible for the right-hand side of the fence.

The easiest thing to do is look after the whole thing, until it gets shaky enough to replace. That's when the fun starts.

When replacing a fence, each owner is responsible for the right hand side of the fence. If the one owner decides not to pay for his half, the municipality/county is supposed to have a team of 3 landowners/farmers come and take a look at the fence. If they decide it is in need of replacing, the municipality is to pay out the required 1/2 of the cost of the fence and recoup that cost from the non-participating landowner through his tax bill.

That is called fence viewing.

It now no longer stands up in court.

If your neighbour tells you to eff off you suck it up and do the fence repair.

If you take him to court after the fence viewing and the addition to his taxes - he wins - many, many examples of that in our area.

Wife has been on the fence viewing board for years - but the lawyers and doctors and teachers and veggies and lefties are moving in from the big city and using the courts to eff our system badly.

Right now we have a small piece of property a couple miles away - there is a real big lefty/veggie/wealthy spoiled lady who owns the house next door to our property. The house is for sale.

I have a huge pile of manure near by - I turn it on a regular basis to keep the smell up. The veggie that lives there has not been able to sell.

Call it my revenge for things done to us

Fortunately it is far from the home place - but I still enjoy winning this one - gives me great pleasure to get some back.

She took me to court some years ago - declaring my cows smelled and had flies!! LOL

She wanted the county to force me to provide a 15 metre set back from the fence line to reduce her annoyance factor. In essence a fence 15 metres inside from my original fence. The judge almost went with it - idiot city slicking piece of crap judges seem to be everywhere nowadays - but we squeaked by.

Ever since, that place has become my manure storage farm. And best of all I am up wind of her!! LOLOL I put that pile right in the middle of the property - well back of that 15 bmetre set back she wanted.

If the price drops I will buy the house for my daughter. If it sells to someone else, we will make ammends with the new owners and see if we can finally make peace.

Sorry - got side tracked - as to the original question - no matter what - if you got a boundary fence problem - suck it up buttercup and go fix it - it is not worth the trouble.

BC

 

[Aaron]

BC, do you have any names of cases I could look up? I'd like to read the judge's reasoning.

 

[Whitewing]

Supposed to be shared responsibility here too but I've never even bothered to ask a neighbor to share in the costs. Most don't have a pot to pizz in or a window to throw it out of. Not only that, but I take pride in the quality of the fence I install and don't want something that look a kid built it.

Having said all of the above, when a neighbor's cattle keep coming onto my place (some animals are almost impossible to control) and eating my crops or bermuda, I gently warn them a time or two that it's their responsibility to control their animals. Haven't had to go further yet.

 

[farmguy]

Just a comment on the right hand is yours thing. As a town board member I had to do some checking on this with a township attorney. That applies unless the terrain is markedly different between the two halves. For example one half is field and the other half swamp. Then by mutual agreement or a township decision the fence may be further divided for fairness. If neither landowner desires a fence then of course none is needed, farm guy

 

[George]

Just a comment on the right hand is yours thing. As a town board member I had to do some checking on this with a township attorney. That applies unless the terrain is markedly different between the two halves. For example one half is field and the other half swamp. Then by mutual agreement or a township decision the fence may be further divided for fairness. If neither landowner desires a fence then of course none is needed, farm guy

Fair is not always real.

A neighbor to my west kept cattle only at the north end of his property and I kept cattle only at the south end so we agreed to "swap" fence - - - he then sold the ground several years later and he had it put in the contract that we had swapped. The new owner went to the county commissioners and complained that the south end of the fence ( his he claimed ) was new woven wire and the north end was old barbed wire. I obtained a copy of his purchase contract from the county recorders office stating the north end was his to maintain but they ruled that I needed to put up new woven wire there as it was my "right side". They ruled that the new owner was not bound by our swap - - - even though it was in the land contract!