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Fencing Question?


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#16 Guest_gravely-power_*

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Posted February 14, 2013 - 11:23 AM

Kind of strange that if your neighbor wants a fence you have to pay half.



#17 Bud OFFLINE  

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Posted February 14, 2013 - 11:35 AM

Bud, I'm sure that the laws would be different in Montana. Is that not still an Open Range state where cattle have the right of way even on the highway?

Yes, a lot off the state is still open range. To me that cost is very high, but I do my own fenceing. For $700 I could do a 1/4 mile or more of five wire fence. 



#18 jpackard56 OFFLINE  

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Posted February 14, 2013 - 11:54 AM

As already stated the laws vary quite a bit, but more often than not anymore the courts here will decide you pay half. If you don't pay your half because you don't have animals now and later get animals you can be dragged in and end up paying more than half. JRJ gave the best advice, check prices locally, what you quoted wouldn't be out of line around here(we have pretty rugged hills to fence) but we can only use barb as a temporary repair on property line fences. (It's o.k. on intermediate fences) Line fences have to be Hi-tensile 8 wire if both parties agree to it or woven wire. We have a Hi-tensile woven now in this area as well. If you are really tight for the money maybe you can agree to make some payments to the neighbor? I went through this with some new suburban neighbors several years back. Good luck with your decision what ever you do that old adage others mentioned about "good fences, make good neighbors" ya that should be written in GOLD, some times those old time good neighbors move away or die and then what?



#19 Cvans OFFLINE  

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Posted February 14, 2013 - 11:54 AM

I suggest you hit the yellow pages and find people who do fencing and ask for their prices. This will give you a better idea what the present day prices are. From the little bit I've done I know it can get expensive. 



#20 TAHOE OFFLINE  

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Posted February 14, 2013 - 12:19 PM

Well sucks for you, but since it's covered under the law, looks like you don't have a choice. At least he is only asking you to pay half that you share, could've wanted more.

I would definitely get other estimates though just to cover your butt. If you have to pay for some of it, then he shoudl at least oblige you to get several different ones.

rod =16 1/2 feet, huh, never heard that. I always put my steel T post 10' though, maybe 12' at the max. 8' wood post for board fence. 


Edited by TAHOE, February 14, 2013 - 12:20 PM.


#21 Lauber1 ONLINE  

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Posted February 14, 2013 - 01:51 PM

These fencing disputes have been around of yrs, thats why we have laws for them. Most of the time its quick, simple and easy to settle. The standard rule has been you own the right half when facing thier property. Those that arent, go to the township trustees, as its their job to look into this type of thing and not tie up the court system. After that you can go to court and see if you can convince a judge to see it your way. Some times the judge will rule that the stock owner has to pay for the fence if the other party doesnt have and has never had any livestock.  I havent had to do a fence for yrs, but by the time you figure the price of posts, wire, braces, and someone to do it, $700 might be pretty close. I quess a lot of this might depend on whether you value the relationship you have with the other party, as nothing starts worse bad feelings than a fence war in a rural area.  



#22 Guest_rat88_*

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Posted February 14, 2013 - 02:16 PM

I checked into Missouri fence law.

It use to be a free range state. If you didnt want cattle in your yard, you were responsible for building the fence.

 

 If he wants to build a fence over and above the required specs ( 4ft tall, 4 wire and posts not more than 12ft apart in Missouri)  , you would only owe what the required fence would cost. You  can be assesed for a portion of the fence if you use it for livestock in the future. (more than 50%)


Edited by rat88, February 14, 2013 - 02:18 PM.


#23 HowardsMF155 OFFLINE  

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Posted February 14, 2013 - 02:25 PM

Hunh.  When I first read your post, I thought "I DON'T think so!".  I put up my own board fence to keep my "livestock" (young children) from being able to run out of the back yard right through the neighborhood.   Never thought to ask my neighbor to pay half, just made sure we agreed that the surveyors had correctly marked the corners of my property, then set the fence posts up against a rope run from one corner to the other.  Deliberately left room for a gate and installed it, so we could go "a-visiting" without having to walk all the way around the fence.  

 

But after reading that ruling on law, I'm amazed that every square inch of property there isn't fenced in.  It sounds like you are darn well required to put a fence up between you and each neighbor.  Is that the reality?  



#24 JD DANNELS OFFLINE  

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Posted February 14, 2013 - 02:57 PM

Well Howard I have read the law frontwards and backward and it seems that if a neighbor requests that you build fence.

You are required to build fence. So far Just one neighbor has requested it, There is only that 40 Rods of fence around my 8.9 acres.Excepting about that much in electric(not powered ) along the east side(That neighbor) has mentioned that he would like it removed. So as I understand it either Neighbor can make it required. And Either Neighbor can go to the Fence-Viewers(Township Trustees) and force the issue.  I have no intention of fencing the entire property unless it is forced.

But will build this fence.

I have yet to talk to my neighbor to the west, who also has 7.6 acres with a shared boundary with the farmer requesting the fence.

It will be interesting to see what his thinking will be?  He is the Fire Chief in town so may have more political clout than I?  I do hope he does not get the idea of putting up a fence between us! This farm was subdivided in 3.3 acre parcels in 1968.

As I had stated in an earlier post, I knew this was coming, But have yet to get a post auger for my tractor and was hoping to not have to do this until next year. The Auger would run around $500 and I'm not as young as I once was so it might be better to hire it done.


Edited by JD DANNELS, February 14, 2013 - 03:27 PM.

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#25 olcowhand OFFLINE  

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Posted February 14, 2013 - 03:59 PM

Around here, if you have no farm animals or other need for the fence, you do NOT have any moral or legal reason to pay a single dime!


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#26 olcowhand OFFLINE  

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Posted February 14, 2013 - 04:04 PM

I'll say one thing.....I have a few miles of fence, and I'll be danged if I'd even consider asking a neighbor to pay a cent to keep my own cattle at bay.  The guy asking you to pay for part of his fence is NOT a neighbor!  Least not a good one!


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#27 HowardsMF155 ONLINE  

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Posted February 14, 2013 - 04:15 PM

I'll say one thing.....I have a few miles of fence, and I'll be danged if I'd even consider asking a neighbor to pay a cent to keep my own cattle at bay.  The guy asking you to pay for part of his fence is NOT a neighbor!  Least not a good one!

Daniel, in Kentucky also it looks like the law REQUIRES that both parties adjoining a property line share in the cost of the fence, even if only ONE party needs it.  Mention is made of the fact that this law goes back to a time when any neighbor might well have animals of their own, so the law was codified such that fence costs were born by everyone involved, as that seemed the solution most likely to be fair to all parties.  Times have changed, land purposes have changed, but apparently the law has not yet changed.

 

Edit:  From a PERSONAL standpoint, I agree with you.  If that fence primarily benefits ME, then I am going to pay for it.


Edited by HowardsMF155, February 14, 2013 - 04:16 PM.


#28 JD DANNELS ONLINE  

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Posted February 14, 2013 - 04:17 PM

I'll say one thing.....I have a few miles of fence, and I'll be danged if I'd even consider asking a neighbor to pay a cent to keep my own cattle at bay.  The guy asking you to pay for part of his fence is NOT a neighbor!  Least not a good one!

There is room for question on that Daniel. I have only talked to the man twice . One when he was looking for a lost calf. At that time he was a little put out that I had put in fruit trees and berries that his chemical drift might damage them.  He did a good job of keeping the roundup out last spring. And this instance with the fence.

I assume you build your own fence? Do you have any idea what it is costing installed in your area?

Based on the laws in this state it looks as if I do the job or face a feud.



#29 olcowhand OFFLINE  

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Posted February 14, 2013 - 04:19 PM

Well Howard, then I won't be following the law, as I will never ask someone to pay for my fence if they have no need for one.   Around here most just put up their own fence.  I have one in poor shape between us & a couple land owners with no cattle or any form of livestock.  When I get to it, I plan to doze the old fence line out, then put up new....all on my tab.


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#30 HowardsMF155 OFFLINE  

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Posted February 14, 2013 - 04:19 PM

JD :

I would recheck everything you have already researched.  I think if this guy is building a fence that is more elaborate or costly than the minimum fence required, you could be justified in paying only for what a minimum cost fence would cost.  He would have to pay the cost of upgrading the fence to the standards he wants.

 

JMO, I am not a lawyer, never played one on tv either.


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