Re: Fencing

Posted by Mike Burdick on May 16, 2005 at 14:14:33 from (67.4.47.140):

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

Fences are just structures and are owned by the people who put them up – but there are conditions: They are not a definition of property lines nor are they required by law other than for perhaps safety reason.

If you live in a free range area then if you want the animals out it’s your job to do so. If you live in an area that isn’t free range then it’s the animal’s owner responsibility to fence them in or pay the damages caused by them. If the damages are not too much the animal’s owner may elect not to do anything. If that was the case then the courts can award punitive damages which have no limits.

Let’s say both of you live in an area where there is not free range. You neighbor decides to get cattle and wants you to pay for half the fence. No go, there is no law that forces you to build a fence or even part of one. So he builds it and places it exactly on the property line. Well by doing that he just gave you half his fence! Now he’s smarter than that so he puts it one foot inside his property line; now he retains total control of the fence. If you should decide to get cattle and use his fence then you are actually trespassing and any damages caused to that fence he’s entitled to. If he wants to take down that fence in the middle of the night he has every right to and if your cattle get lost or cause damages that’s your tough luck. You can claim all day that he’s the one that started the trouble but you will not have a leg to stand on.

We farm folk always think of fences for animals but there are other types of fences as well. Perhaps one wants a privacy fence or maybe you just want a fence to keep people from wandering all over your property. Doesn’t matter – the same rules apply. Build in on the property line – both parties own it. Build it entirely on your property – it’s yours and you can do whatever, when, and where with it. No one can force you to build a fence unless what you have on that property can get out and cause damage to others.

One other point here: Technically, both of you should have your own fence but it's common sense to work with your neighbors if that fence is beneficial to both of you – that’s why some fences are on property lines

Like I said at the start: fences are just structures and the same would apply to a building. If one was to build a portion of their barn on his neighbor’s property – not only does your neighbor own that part of the barn but he can also sue for damages. Same with fences.

Follow Ups:

• Re: Fencing Chad Franke 14:21:16 05/16/05 (7)
  • Re: Fencing Mike Burdick 14:43:07 05/16/05 (6)
    • Re: Fencing Chad Franke 06:05:25 05/17/05 (1)
      • Re: Fencing Chad Franke 06:09:26 05/17/05 (0)
    • Re: Fencing paul 19:56:15 05/16/05 (3)
      • Re: Fencing Mike Burdick 21:07:55 05/16/05 (2)
        • Re: Fencing paul 10:36:37 05/17/05 (0)
        • Re: Fencing Greywolf 02:27:39 05/17/05 (0)

Post a Followup Name: E-Mail: Subject: Comments: Optional Link URL: Link Title: Optional Image URL: Email Notification: If you check this box, email will be sent to you whenever someone replies to this message. Your email address must be entered above to receive notification. This notification will be cancelled automatically after 2 weeks.

TRACTOR PARTS	TRACTOR MANUALS

We sell tractor parts!  We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]