Clearing fence line

[john250]

In Indiana:
Your neighbor can force you to build a fence on the property line, cost shared equally. Why build a fence anywhere but on the line?
When you give up a foot around the perimeter of your property you are giving up a lot. Could be a cow or two, depending.
I guess I'm missing something.

 

[Caustic Burno]

I built new fences 20ft from the property line like Caustic said don't have to share a fence that way.

I would estimate that I have over two miles of perimeter fencing. I'm not very good at math, but moving the fence in by 20ft seems that I would be losing an awful lot of land use.

Worth every penny neighbors bull and yours cant touch noses and tear up hell's half acre. Saves on relationships he fixes his I fix mine.

 

[Caustic Burno]

In Indiana:
Your neighbor can force you to build a fence on the property line, cost shared equally. Why build a fence anywhere but on the line?
When you give up a foot around the perimeter of your property you are giving up a lot. Could be a cow or two, depending.
I guess I'm missing something.

I guess yall don't own your property like we do in Texas.
Thats welfare I would be dam'd if I would build your fence.

If it cost 5000 dollars in fence I would spend a 100,000 in lawyer fees fighting you. You would be happy by the end to have yours off the line also.

 

[Jogeephus]

In Georgia, if you put a fence on the line you have to get your neighbor's permission to take it down. So I back mine back a few inches - don't mind if he uses it but if I want - I'm gonna take it down. Also, if you pull back off the line a few feet and you could possibly lose the land to your neighbor in the very least cause your kids some problems. With our local laws, you best get as close to the line as possible.

 

[Caustic Burno]

In Georgia, if you put a fence on the line you have to get your neighbor's permission to take it down. So I back mine back a few inches - don't mind if he uses it but if I want - I'm gonna take it down. Also, if you pull back off the line a few feet and you could possibly lose the land to your neighbor in the very least cause your kids some problems. With our local laws, you best get as close to the line as possible.

Yall have some screwed up laws fence doesn't have anything to do with property lines as they are determined by the survey lines in Texas. How you going to loose your property he can't fence past the line.

 

[backhoeboogie]

In Georgia, if you put a fence on the line you have to get your neighbor's permission to take it down. So I back mine back a few inches - don't mind if he uses it but if I want - I'm gonna take it down. Also, if you pull back off the line a few feet and you could possibly lose the land to your neighbor in the very least cause your kids some problems. With our local laws, you best get as close to the line as possible.

First of all, let me say I put fence on the property line.

But if I were to fence 10 foot inside the property line, and leave the old fence insitu, the old fence is still there and it is still mine. The boundary hasn't changed. The neighbor can't take down my old fence on the property line without my concurrence. I don't see the difference you are citing. To me it is no different than if I decide to cross fence a 20 acre patch inside my property. The perimeter has not changed.

 

[Jogeephus]

In Georgia, if you put a fence on the line you have to get your neighbor's permission to take it down. So I back mine back a few inches - don't mind if he uses it but if I want - I'm gonna take it down. Also, if you pull back off the line a few feet and you could possibly lose the land to your neighbor in the very least cause your kids some problems. With our local laws, you best get as close to the line as possible.

Yall have some screwed up laws fence doesn't have anything to do with property lines as they are determined by the survey lines in Texas. How you going to loose your property he can't fence past the line.

What do you expect from attorneys. Most land in our area is not surveyed just written deeds again by attorneys. ie Leaving the high bushes go 1323+/- feet to the low water mark. :roll:
And yes he can fence across your line very easily and if you do not contest it, he or his family can claim it after seven years. Adverse possession.

I'm not saying its right and I agree with you when you say its screwed up but that is the way it is and that is the way I gotta to operate. Right now I'm fencing a piece and it has been a royal pain to get the fence on the line but it will be worth it in the long run.

Backhoe, what you are saying applies here as well. The old fence will stand as the line, I'm refering to a new fence or partially fenced line. But, can see a problem here as well. Say you back the fence up ten feet. 50 years from now the area between these two fences is grown up, you got a new neighbor and he pushes this stuff out along with the reminents of the fence. Your children are not aware of what you knew and what you did. Here, you can lose the land. Again, not saying its right.

 

[Caustic Burno]

In Georgia, if you put a fence on the line you have to get your neighbor's permission to take it down. So I back mine back a few inches - don't mind if he uses it but if I want - I'm gonna take it down. Also, if you pull back off the line a few feet and you could possibly lose the land to your neighbor in the very least cause your kids some problems. With our local laws, you best get as close to the line as possible.

Yall have some screwed up laws fence doesn't have anything to do with property lines as they are determined by the survey lines in Texas. How you going to loose your property he can't fence past the line.

What do you expect from attorneys. Most land in our area is not surveyed just written deeds again by attorneys. ie Leaving the high bushes go 1323+/- feet to the low water mark. :roll:
And yes he can fence across your line very easily and if you do not contest it, he or his family can claim it after seven years. Adverse possession.

I'm not saying its right and I agree with you when you say its screwed up but that is the way it is and that is the way I gotta to operate. Right now I'm fencing a piece and it has been a royal pain to get the fence on the line but it will be worth it in the long run.

Backhoe, what you are saying applies here as well. The old fence will stand as the line, I'm refering to a new fence or partially fenced line. But, can see a problem here as well. Say you back the fence up ten feet. 50 years from now the area between these two fences is grown up, you got a new neighbor and he pushes this stuff out along with the reminents of the fence. Your children are not aware of what you knew and what you did. Here, you can lose the land. Again, not saying its right.

Coming over the line would constitute a come to Jesus meeting here most likely involving precious metals. (lead)

 

[3MR]

"Leaving the high bushes go 1323+/- feet to the low water mark"

How do they get a note on land that was never surveyed? For that matter how does the county even tax it?

 

[Jogeephus]

"Leaving the high bushes go 1323+/- feet to the low water mark"

How do they get a note on land that was never surveyed? For that matter how does the county even tax it?

I work with land lines quite often in my job and it can be a royal pain and I know of one man who was killed over a line dispute. One neighbor threatened to kill my cows when we moved the fence line back on the property line - it had been set back. I very politely let him know this would not be in his best interest and we have gotten along fine ever since.

As for taxes, the county taxes on deeded acres unless you can show them via survey or other data the acreage is wrong. Our tax digest taxes more acres than the county even has.

The main reason it is like this here is the vegetation. It is similar to a jungle when the land is not worked, burned or grazed. Due to this, someone could stretch a fence through your property and you would never know it. People who know what a "rhododendron *ell" is can understand the thickness of some of the areas. Me and another guy chopped a line out for two days and covered a whopping 1000 feet - this was all day with eating lunch in the woods since walking out just didn't seem worth it.

Surprisingly, most people get along on the lines but there are some that will make your life tough.

 

[Wewild]

Around here the lines became confused at times with fence lines as some folks allowed their neighbors to use it turn their their mule at the end of the rows. I can't remember if it is even a law but it rings to mind about consent to usage.

Other instances have been when the fence was just put up wrong. Seen assault and battery come from this. A deputy was present during the assault.

Other times it came down to another's thoughts. Some of them moved to Texas and Alabama from my family anyway.

 

[Jogeephus]

I haven't heard of consent of usage unless that is the same as history of use. This can be troublesome when you allow someone to go across your land to get to a piece of their property. Unless you have a written understanding negating this, the next owner could take you to court based on the history of use. Gotta be very careful here. Fine line between being neighborly and shooting yourself in the foot. But again, this is a rare thing but you do need to be careful.

 

[Wewild]

I haven't heard of consent of usage unless that is the same as history of use. This can be troublesome when you allow someone to go across your land to get to a piece of their property. Unless you have a written understanding negating this, the next owner could take you to court based on the history of use. Gotta be very careful here. Fine line between being neighborly and shooting yourself in the foot. But again, this is a rare thing but you do need to be careful.

Fence lines over time do the same thing. Consent and history mean the same thing to me in this situation. You allowed someone to cross your property on a regular basis ...... He had a history of going across anothers property.

 

[Jogeephus]

Never thought of it that way but I see your point. I was involved in a problem a few years ago. Neighbor fenced down the lot line - started at both ends. Compass was off 2.5 degrees - didn't compensate for declination. They had to jog the fence. Guy I work for didn't push the issue since they were neighbors. Both are dead now. Neighbors son in law won't agree to straighten the line out when everything was cleared even though both deeds call for the lot line being the line. I couldn't believe it when the surveyor said the fence took precedence and if we wanted it changed we would have to both agree to or take it to court. Now we have a jogged property line. This still doesn't seem right to me - even though we actually came out on the better end of the deal.

 

[HAY MAKER]

http://www.expertlaw.com/forums/showthread.php?t=7208

 

[Caustic Burno]

http://www.expertlaw.com/forums/showthread.php?t=7208

Texas property code.

CHAPTER 22. TRESPASS TO TRY TITLE

SUBCHAPTER A. GENERAL PROVISIONS


22.001. TRESPASS TO TRY TITLE. (a) A trespass to try
title action is the method of determining title to lands,
tenements, or other real property.(b) The action of ejectment is not available in this state.

Acts 1983, 68th Leg., p. 3509, ch. 576, § 1, eff. Jan. 1, 1984.


§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property[0], including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property[0] or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple[0] paint[0]
marks on trees or posts on the property[0], provided that the marks are:
(i) vertical lines[0] of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet from the ground; and (iii) placed at locations that are readily visible to any person approaching the property[0] and no more than:a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property[0] of a
crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.


To make it simple if your property lines in Texas are marked with purple paint if someone crosses it they commmitting criminal trespass.I can't imagine someone not having there line marked.

 

[HAY MAKER]

http://www.expertlaw.com/forums/showthread.php?t=7208

Texas property code.

CHAPTER 22. TRESPASS TO TRY TITLE

SUBCHAPTER A. GENERAL PROVISIONS


22.001. TRESPASS TO TRY TITLE. (a) A trespass to try
title action is the method of determining title to lands,
tenements, or other real property.(b) The action of ejectment is not available in this state.

Acts 1983, 68th Leg., p. 3509, ch. 576, § 1, eff. Jan. 1, 1984.

Yes Caustic,I have heard so much pro and con,on this issue I dont know what to believe,talk to one lawyer and he tells you,that you can claim the land ,talk to another and he says you cant,fences in my area are always a problem ,have several small places on my west side and none of them keep the fences up.
Most of them have a couple scrub cows or goats so they dont have to pay taxes on the land and have no interest in keeping the fences up,had one put up a 4 strand barb wire that the wind would blow over and it was about 3 foot across the line on my property,most are 20 acres places that 8 people are hunting on during deer season,its definetly a mess ,but I'LL be _________if I will build a fence for them,just keep patchin them .............good luck

 

[Wewild]

To make it simple if your property lines in Texas are marked with purple paint if someone crosses it they commmitting criminal trespass.I can't imagine someone not having there line marked.

Some of the fences I'm talking about go back to the days of mules. I asked my dad why the fence wasn't on the line. He said it was so Mr. Smith could turn his mules around. Might have had something to do with the cotton allotment back then.

 

[Jogeephus]

To make it simple if your property lines in Texas are marked with purple paint if someone crosses it they commmitting criminal trespass.I can't imagine someone not having there line marked.

Georgia used to require you to have a posted sign every 300 feet. This worked out good for the poachers and such. Now I'm told you don't have to have signs since this was next to impossible to do on larger acreages.

I try to mark all our lines with either paint, fence, firelines or something. But by far the best marker is a fence, even one strand - it will be there for years.

A big problem that we have is the undergrowth. In recent years, people have quit using crackers and such to graze the woods and have quit burning the woods off. With the absence of these two, the woods can grow up in just a few months to the point that you got to cut your way down the line and in some places you can't see more than ten feet in front of you. Here is a picture of a line I cut out last week. This was relatively easy since it had an old fence to go by. This farm has been worked by our family for four generations and we have never had a problem until a city man got the deed to the neighboring property. He has started a war on all fronts and may wind up in a ditch one day.

My plan is to refence the farm and get cattle back on it. I tunneled my way down the line and when I fence it, gonna probably put some cattle with some ear in there and let them earn their keep by doing to maintence work for me. They seem to be pretty good at it and seem to enjoy their work.

 

[MillIronQH]

It's to bad that it's not cost effective to do it in fied fence and turn about 1000 of the old Spanish goats loose. In a year everthing closer then 6' off the ground, except the grass, would be gone.Z