Fencing, law and situation

[kickinbull]

I'll start with we live in KY. We bought our place 21 years ago. It was under new fence shortly before we bought it, 5 strand barb. Some T posts some nailed to trees. We have always maintained the fence. There are 4 properties that connect to ours. One of those we farmed until this year when their SIL came into picture. Being as we no longer farm it I asked them to maintain their half. That was in March and nothings been done. Since then I've considered that they are not the only ones with bordering land. I called the county attorney and asked if it mattered that none of the neighbors had livestock. She said no, it's a boundary fence. Take them to court. I'm asking for suggestions? Thanks

 

[TennesseeTuxedo]

How many feet Of fence are we talking here?

 

[kickinbull]

Three sides of horseshoe shaped 50 acres.

 

[TennesseeTuxedo]

Is there a lot of maintenance required? We are in the woods with most of our fences so fallen trees are a constant problem. I hate going to court, smarmy lawyers and all.

 

[Caustic Burno]

That is why I don't share fence.
I keep up mine and they keep up theirs

 

[bird dog]

If none of them have livestock they probably have no idea how to fix fence and will be no hope for you. You will probably have to just suck it up and take care of it yourself. Maybe they will help with expenses.

 

[kickinbull]

Is there a lot of maintenance required? We are in the woods with most of our fences so fallen trees are a constant problem. I hate going to court, smarmy lawyers and all.
Most all the fence that's nailed to trees is the problem. It's getting to be a mess. I agree about lawyers.

 

[SBMF 2015]

The old Illinois fence law says that if you stand in the north east corner of a property facing south with your arms at a right angle those are your fences to maintain. That being said the rule of thumb around here is that if you have livestock you maintain the fence, cause the neighbors won't.
Going to court just costs money and makes bad blood between neighbors.

 

[TennesseeTuxedo]

Yup, trees and fences don't mix.

 

[herofan]

I border 4 other properties, but none of them own cattle, so I maintain the fence myself. To be honest, I don't mind at all. The other owners are elderly and don't have cattle.

I have wondered what quality of fence is required when it's shared? We just patch and add to whatever was started in my grandfather's youth. It's not pretty, but it does a great job keeping the cattle in. What if a big shot bought the other properties and wanted to replace it with an up-to-date, expensive fence that was pleasing to the eye?

 

[Ky hills]

We are in KY too, I'm no expert on the matter but I do believe that they are responsible by law for half of the boundary fence regardless if they have livestock or not. Like another post said they are likely not going to be willing/able to help maintain but by all rights should pay for their part if you fence it or have someone hired to fence it. We are joined by several different property owners some willing to do their part and some not so much. As far as patching and basic maintenance of it, we usually end up doing it regardless if it's on our part or someone else's in most situations. The way that we tell whose stretch of fence it is, is by whichever side of the posts the wire is on is the responsible party for that stretch until it changes sides.

 

[herofan]

We are in KY too, I'm no expert on the matter but I do believe that they are responsible by law for half of the boundary fence regardless if they have livestock or not. Like another post said they are likely not going to be willing/able to help maintain but by all rights should pay for their part if you fence it or have someone hired to fence it. We are joined by several different property owners some willing to do their part and some not so much. As far as patching and basic maintenance of it, we usually end up doing it regardless if it's on our part or someone else's in most situations. The way that we tell whose stretch of fence it is, is by whichever side of the posts the wire is on is the responsible party for that stretch until it changes sides.

Yes, you are correct: it is the responsibility of both parties. I just don't mind doing it since the others have no cattle and are elderly. The expense of my upkeep is next to nothing anyway. A roll of barbed wire lasts forever.

 

[greggy]

I'll start with we live in KY. We bought our place 21 years ago. It was under new fence shortly before we bought it, 5 strand barb. Some T posts some nailed to trees. We have always maintained the fence. There are 4 properties that connect to ours. One of those we farmed until this year when their SIL came into picture. Being as we no longer farm it I asked them to maintain their half. That was in March and nothings been done. Since then I've considered that they are not the only ones with bordering land. I called the county attorney and asked if it mattered that none of the neighbors had livestock. She said no, it's a boundary fence. Take them to court. I'm asking for suggestions? Thanks

They may not know what needs to be done if not familiar, or have stock ?

Maybe they do not care, maybe they wont care if your stock also wander over and graze there ?

If they are just being smart, go talk to them and say your going to get some quotes to fix fence if they do not want to do it themselves & ask if they have a preference on fencer seeing they will be contributing ?

I guess what I am saying, is you may be talking to the wrong crowd ATM, go talk more with SIL or the owners....

 

[kickinbull]

I'll start with we live in KY. We bought our place 21 years ago. It was under new fence shortly before we bought it, 5 strand barb. Some T posts some nailed to trees. We have always maintained the fence. There are 4 properties that connect to ours. One of those we farmed until this year when their SIL came into picture. Being as we no longer farm it I asked them to maintain their half. That was in March and nothings been done. Since then I've considered that they are not the only ones with bordering land. I called the county attorney and asked if it mattered that none of the neighbors had livestock. She said no, it's a boundary fence. Take them to court. I'm asking for suggestions? Thanks

They may not know what needs to be done if not familiar, or have stock ?

Maybe they do not care, maybe they wont care if your stock also wander over and graze there ?

If they are just being smart, go talk to them and say your going to get some quotes to fix fence if they do not want to do it themselves & ask if they have a preference on fencer seeing they will be contributing ?

I guess what I am saying, is you may be talking to the wrong crowd ATM, go talk more with SIL or the owners....

i have had a conversation with one. They smirked, what you expect us to do. I told them they should check out the fence, clear the trees and repair. They said we'll see. That was March.

 

[greggy]

Oh well...

Maybe you can go see them...say we can fix and go halves in materials.....or you can get quotes.....and say you prefer to do it amicably......or.....are you ok with my stock grazing your land.....

People often think it is a one way thing...but fencing is to keep out....and in....for both. Lot think I have no stock so is not thier issue...it is if they want stock kept out

 

[Ky hills]

I'll start with we live in KY. We bought our place 21 years ago. It was under new fence shortly before we bought it, 5 strand barb. Some T posts some nailed to trees. We have always maintained the fence. There are 4 properties that connect to ours. One of those we farmed until this year when their SIL came into picture. Being as we no longer farm it I asked them to maintain their half. That was in March and nothings been done. Since then I've considered that they are not the only ones with bordering land. I called the county attorney and asked if it mattered that none of the neighbors had livestock. She said no, it's a boundary fence. Take them to court. I'm asking for suggestions? Thanks

They may not know what needs to be done if not familiar, or have stock ?

Maybe they do not care, maybe they wont care if your stock also wander over and graze there ?

If they are just being smart, go talk to them and say your going to get some quotes to fix fence if they do not want to do it themselves & ask if they have a preference on fencer seeing they will be contributing ?

I guess what I am saying, is you may be talking to the wrong crowd ATM, go talk more with SIL or the owners....

i have had a conversation with one. They smirked, what you expect us to do. I told them they should check out the fence, clear the trees and repair. They said we'll see. That was March.

That doesn't sound promising. I would recommend keeping a close watch on it and maybe even doing some minor repairs if needed. If it comes to a major expense like replacing the fence then I would definitely send them a bill along with a letter from the county attorney or lawyer explaining their legal obligations.

 

[kenny thomas]

Different states and even counties within a state have different laws. Make sure that you know the law first.
H
In Virginia some counties even have a fence out law where you are responsible for fencing out another person's cattle. My county has a law that involves certified mail from a lawyer to charge the other landowner and still only if they own livestock.

 

[MurraysMutts]

I'm not sure I understand what the real problem is.
I've got some pretty crappy fence but it holds my animals. Well, crappy maybe not. But old and pieced together I guess.
Dang sure ain't gonna give money to no dang lawyer when all I gotta do is maintain what is already there.
Much cheaper. Much less drama and headaches. And I'm positive itll take less time to repair, than deal with some courthouse and lawyers and crappy neighbors. I got a lot better things to do than that!
Best of luck on whatever you decide...

 

[ccr]

I'm not sure I understand what the real problem is.
I've got some pretty crappy fence but it holds my animals. Well, crappy maybe not. But old and pieced together I guess.
Dang sure ain't gonna give money to no dang lawyer when all I gotta do is maintain what is already there.
Much cheaper. Much less drama and headaches. And I'm positive itll take less time to repair, than deal with some courthouse and lawyers and crappy neighbors. I got a lot better things to do than that!
Best of luck on whatever you decide...

Not sure I understand what the real problem is either. Is the fence on your property or your neighbors? Where is the fence in relation to the property line? Either way don't guess it matters. If you have cattle you need to have a fence that will keep them on your property.

What is spent on lawyers would build a good fence instead.

 

[tom4018]

Fence may be cheaper than a lawyer.