???? Neighbor not willing to split cost of fence

[mas038]

I was wondering if any of you have had prior experience in this area. There is an area along our property line that has never been fenced before. Last year we decided we would fence it so we asked the neighbor that shares that property line if he was interested in splitting the cost of the fence. He saind he wasn't interested in a fence. we went ahead and put up a fence and sure enough about 3 months later he turned out cattle on his place. there was no pre existing fence nor did this man previously run cattle. I guess i am just a little frustrated that he wasn't willing to help me with the cost or labor of putting up a new fence but was really quick to reap the benefits. i want to confront him about this but i was wondering if any of you knew of any legal rulings or laws that address this. It is my understanding that the neighbor is not responsible for half the cost as long as he doesn't benefit from it i.e. run livestock, however i cannot find that in writing anywhere. I am in Texas, i think some real estate laws vary from state to state. Any help is greatly appreciated.

 

[upfrombottom]

I don't know about there, but here if you put it on the property line there is not much you can do unless his livestock damage it. If its over on your side any distance he cannot use it without your permission.

 

[msscamp]

Yes, we've had a little experience with this type of situation. Any fencing needs/repairs/building were handled by us - Wyoming is a fence out state. Yes, we had a few neighbors that would share the cost, but they were few and far between. The bottom line is that when a landowner decides to put up a fence, he/she needs to be prepared to pay for that fence. It is your land, therefore it is your responsibility to take care of it. If you're going to expect your neighbors to share the cost of said fence, you're setting yourself up for disappointment because 9 times out of 10 they don't give a flying **** about you or your land. And, yes, they will be the first ones to take advantage of the new fence - accept it, deal with it, and move on.

 

[novatech]

About the only thing you may be able to do is pull your cattle out and try and charge him rent. If you had put the fence say 5 or 10 feet back on your property then you may have been able to do something.
Regardless, if you had to sue him I doubt you would get back much more than legal expenses.
I believe I would still send him a bill every month for rent. If he ever wanted to sell the property sent the bill to the title co. They don't like to close until money things are cleaned up.

 

[redcowsrule33]

Up here fencelines are 50:50 whether you want it or not, 4 strand barbed wire. If neighbor won't pay, gets tacked on to real estate taxes. This makes farmers very popular w/non-farmers when they buy land. We maintain our own fencelines, neighbor lets us cut wood from his woods, works out.

 

[dcara]

About 10 years ago a lawyer told me that in Texas there is real estate possession law (can't remember the name of it) that says if someone takes care of a piece of land long enough then they can claim ownership of it in court. So if you were to build a fence say 5 feet inside your property line in Texas, you could eventually be at risk of loosing that 5 foot wide strip of land to someone claiming possession of it.

 

[Jogeephus]

Dcara, that's adverse possession and only applies when the land is not surveyed.

Leave it be and don't stir the pot. Rest assured the world is round and one day .....

 

[dieselbeef]

nieghbors an a-hole..so ...you needed the fence so ya built one...wont be yer last lesson in nieghbors i guarantee it...

 

[backhoeboogie]

- Wyoming is a fence out state.

Same here in Texas.

One neighbor called the law a couple of weeks back about a donkey coming on to her property. They asked if her property was fenced and she said no. They laughed.

I have some really good neighbors and some really bad ones. All but one down at the farm are excellent. Here at the house it is a different story. Too many northern folks from the city who just don't understand and won't.

 

[Caustic Burno]

This is classic why I don't share fences. All the property lines are marked in purple and the fences 5' on my side.
Good fences make good neighbors I'll take care of mine you take care of yours. This sharing never works on fence's, someone is going to have a case of the red ass every time might not be this year but it will happen.
There is always one that will feel unfairly treated.

 

[Angus Cowman]

- Wyoming is a fence out state.

Same here in Texas.

One neighbor called the law a couple of weeks back about a donkey coming on to her property. They asked if her property was fenced and she said no. They laughed.

I have some really good neighbors and some really bad ones. All but one down at the farm are excellent. Here at the house it is a different story. Too many northern folks from the city who just don't understand and won't.

Atleast all you have to deal with is the Notherners from the city would much rather deal with them than the Arrogant know it all A$$HOLES from California that have owned a 3.2 acre ranch that move here and are gonna teach us ignorant hillbillies how to do anything and everything

 

[backhoeboogie]

- Wyoming is a fence out state.

Same here in Texas.

One neighbor called the law a couple of weeks back about a donkey coming on to her property. They asked if her property was fenced and she said no. They laughed.

I have some really good neighbors and some really bad ones. All but one down at the farm are excellent. Here at the house it is a different story. Too many northern folks from the city who just don't understand and won't.

Atleast all you have to deal with is the Notherners from the city would much rather deal with them than the Arrogant know it all A$$HOLES from California that have owned a 3.2 acre ranch that move here and are gonna teach us ignorant hillbillies how to do anything and everything

Its similar. One has over a dozen dogs and pot bellied pigs running all over the place. She thinks we all should love her animals and give them run of everything. They do own about 7 acres and their only fence is the fence I put up on my property line. The other three sides have no fence. Her dogs can circle, come up my drive etc. She bought a couple of rag horses once and thought she'd put them in my pasture. She's from KC, MO and knows nothing about stock. She spends thousands every year at the vet with those dogs.

 

[Caustic Burno]

Boogie sounds like time to enforce 78 R HB 151 with a box of 22 LR's on that pack of dogs.

 

[backhoeboogie]

This is classic why I don't share fences. All the property lines are marked in purple and the fences 5' on my side.
Good fences make good neighbors I'll take care of mine you take care of yours. This sharing never works on fence's, someone is going to have a case of the red ass every time might not be this year but it will happen.
There is always one that will feel unfairly treated.

I have one down at the farm that buys all the materials. Good materials (e.g. 7 foot T posts and good wire). I doze the old fence lines and put in the fence, weld out the brace posts etc. He won't let me spend a nickel. I dig a deep hole and bury the old wire and he wants all the brush on his side to burn. It is too bad he doesn't own the property all the way around me. Got another neighbor that can't keep his cattle on his place. It wouldn't be so bad if he'd feed them. His cows have been impounded before. He's the one who got his bull shot by another neighbor. Someone might get killed some day. They're going to wish they'd built some fence when that happens.

 

[backhoeboogie]

Boogie sounds like time to enforce 78 R HB 151 with a box of 22 LR's on that pack of dogs.

Someone else already took that action. Her big yellow dog that she "rescued" came home with 5 holes in him. She spent a bunch of nickels and was all upset.

I put that Brahman/Char F-1 in this pasture here at the house once. She'll put those dogs in their place. It is almost like she enjoys it. Most of them are the little yappity ones.

 

[dun]

I put that Brahman/Char F-1 in this pasture here at the house once.

In the CA central valley the front of our place forunted on a country road. We were always over run by pheasants. The "hunters" would see them in the field and climb the fence (f strand barbed with no hunting/trespassing signs on it) and wang away at the birds. We had one old crazy cow that had been a bottle calf and thought everyone wanted to visit her and have her sit in their laps. Turned that cowin the pasture and ever had a nother problem. Some pieces of cloth on the fence but no more shooting the birds. I guess a 1300 lb cow roaring down on you bellering was enough to discourage them. We used to sit up in the house and watch and crack up seeing people trying to climb the fence when their drawers were probably full.

 

[Angus Cowman]

I put that Brahman/Char F-1 in this pasture here at the house once.

In the CA central valley the front of our place forunted on a country road. We were always over run by pheasants. The "hunters" would see them in the field and climb the fence (f strand barbed with no hunting/trespassing signs on it) and wang away at the birds. We had one old crazy cow that had been a bottle calf and thought everyone wanted to visit her and have her sit in their laps. Turned that cowin the pasture and ever had a nother problem. Some pieces of cloth on the fence but no more shooting the birds. I guess a 1300 lb cow roaring down on you bellering was enough to discourage them. We used to sit up in the house and watch and crack up seeing people trying to climb the fence when their drawers were probably full.

neighbor at my other place had a donkey that would bray and stand and paw at you, he was friendly as could be but he would stand and paw the air, man that thing would sure put the tresspassers out at a run was hilarious to watch
he had a few people who took the liberty of taking things from his shop late at nite so he turned the Donk into the lot where the shop was never had any theft problems after that
He got woke up about 1 in the morning from the donk braying and went to check it out and the donk had this poor crook pinned against the wall of the shop cowering like a baby and crying for someone to help him
The deputy who came and arrested the guy said on the way back to the jail that the poor guy was literally scared for his life and that he had pi$$ed himself

 

[bigbull338]

if i was you id be glad that the neighbor didnt want to pay for the fence.an heres why.you built the fence.an you put in the corners an H braces that you wanted.an if he had to pay half he might not want todo things like you.from now own when we have to buld fences.its going tobe with pipe corners an H braces.an yes they are very costly.

 

[3waycross]

Boogie sounds like time to enforce 78 R HB 151 with a box of 22 LR's on that pack of dogs.

Someone else already took that action. Her big yellow dog that she "rescued" came home with 5 holes in him. She spent a bunch of nickels and was all upset.

I put that Brahman/Char F-1 in this pasture here at the house once. She'll put those dogs in their place. It is almost like she enjoys it. Most of them are the little yappity ones.

Sounds like someone failed to use enuf gun. ;-)

 

[I luv herfrds]

Well look at it this way, you own the fence and not him.

Got a friend that has a cost share fence, they can never get the other guy to do anything. The neighbor left a pile of posts by the fence and they sat there for years. Well my friends picked them up and set one of his posts every other post. They got a call from the guy accusing them of stealing his posts. They told him to just go look in the fence line for them.
This same neighbor had a little grazing sceme going too. As soon as they pulled their cattle for calving he would go over and raise the wires so they sat on top of the fence so his cattle could graze their place. They caught him and fixed the fence and a few words were exchanged.
Be glad you do not have a neighbor like that.