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who's responsible for boundry line fence????

M

Mo in NE Tx

Member
I've got a hay meadow that borders the neighbor's pasture. years ago we ran cattle, but now only maintain the land for hay. His cows are constantly getting thru the fence into my hay meadow. I call him and he patches it and then the same day they're back on me again. What does a neighbor do????? Located in Texas.
 
The way I remember it is when you stand facing the fence on your property you're responsible for the right half, neighbor does the same thing and is responsible for the other half.
 
In Kentucky you stand on your property and face your neighbor. Your half of the fence is on your right his is on his right.
 
Just a crazy thought.... If you're on good terms with him, ask if he'd help you mend the whole fence. He has a vested interest in keeping his livestock in. You have a vested interest in keeping your hay uneaten for a while. Talk it over with him and see if you can find a fair cut on the expenses and work together to get 'er done.

Then again, in this day and age, you could threaten a lawsuit. Get attorneys involved. Spend a heck of a lot more money on court costs and possibly end up doing it by yourself.
 
Would be worth a consult with a real estate attorney, to find out what the rule is in Texas, unless you want to try to figure it out yourself. Then talk to the neighbor and work something out.
 
(quoted from post at 17:49:07 07/02/14) I've got a hay meadow that borders the neighbor's pasture. years ago we ran cattle, but now only maintain the land for hay. His cows are constantly getting thru the fence into my hay meadow. I call him and he patches it and then the same day they're back on me again. What does a neighbor do????? Located in Texas.
Click to expand...
n Texas long, long ago it was 'free range' and the rule was if you don't want cattle on your property it was up to the property owner to fence them out, BUT those days are long, long gone. NOW, it is "fence them in". In your case, it is his responsibility by law to keep his cattle in. I keep mine fenced in, but have good neighbors & we share installing/maintaining the fence between us. He likes to keep his in, too. It has to be an awfully good fence if both parties have cattle with one or two bulls involved. Even you without cattle, if they can reach thru that fence to green, it is usually a lost battle. Plow a boundary along fence so they can't reach the green or Roundup a buffer zone. Once in there, they remember enough to want to return, too.
FROM the COUNTY EXTENSION OFFICE:
Open range — fences keep livestock off your property
Open range means the county has never held a local stock option election within the county; therefore the county is “open range.” Chapter 143 of the Texas Agriculture Code allows a county, or portion of a county, to decide by local option election whether to prohibit certain classes of livestock from running at large in the locality.
In open range counties, property owners are required to build and maintain a fence that is sufficient to keep livestock off their property. However, this does not exempt livestock owners from damages that may be caused by trespassing livestock. Even though a county is open range, livestock are not permitted to roam or traverse unattended along a U.S. or state highway. A livestock owner may be charged with a Class C misdemeanor for allowing his or her livestock to do so.
Closed range — fences keep livestock on your property
Closed range means that at some point the entire county or a precinct, or designated area within the county, held a local stock option election and has adopted a stock law. Usually the stock law, or closed range, means you are responsible for fencing in your livestock. ("In 1917, the citizens of Rains County voted to make Rains County a “closed range”.----my place)
 
It depends upon state law.

Most likely, you can find such law online. If not, try your local county extension office.

Dean
 
I would wonder if the fence was exactly on the property line. I was told not to put a fence on the property line but to put it a foot or so in on my place. The idea is if the fence strayed on and off of your property the parts that went on the neighbors side they could tear it down or do what they want with it. Consiquently my fence is on my property and up to me to maintain it.
 
here in my part of the world if you don't run stock it's up to the one who does,..use to be the right hand facing the fence from your side was yours
 
As an attorney who lives on a farm I get those type of questions often.. My Professional answer is IT DEPENDS ON THE STATE AND COUNTY WHERE YOU LIVE.

What Billy Bob or Bubba post on here may NOT be the law and practice in your particular state and county, so beware of non trained non professional lay advice. So, my best advice must be as always CONSULT A LOCAL QUALIIFIED TRAINED PROFESSIONAL and also consult with local county authorities such as Trustees or other county officials etc. as/if such exist in your jurisdiction.

Here in our jurisdiction adjoining property owners maintain their half of fences with that half being the right one half as they face their neighbor. If one refuses to maintain his half, the township trustees can hire the fence built and then place a tax lien on the property owners real estate THAT GETS THEIR ATTENTION AND GETS THE FENCE BILL PAID LOL

CAUTION; Beware of erecting a fence (absent proper legal safeguards) at a location OTHER THEN the boundary, because the laws of Adverse Possession might someday under certain circumstances cause that line to ripen into a new legal boundary CONSULT AN ATTORNEY NOT BILLY BOB

Finally TALK TO THE NEIGHBOR that's the first thing to do......

John T Country Lawyer
 
I'm guessing this is a barbed wire fence we're talking about.

Talk to the neighbor and see if he would put up an electric fence 2 or 3 feet from the weak fence. One strand of 14 gauge wire on posts about 40 feet apart. If wouldn't cost that much and would save a lot of time and grief chasing cattle and would buy time to allow proper repair of permanent fence.
 
In Indiana the law says You must have fence if You own property. A lot of people don't have it though; but if You contact a neighbor & they want nothing to do with it; a call to the county will bring them out to explain the law. Problem is law doesn't say how good the fence has to be, & the neighbor is going to go for the cheapest they can find. You are still stuck for half of it. I am quoting from memory of about 35 years ago. Could have changed I guess though.
 
Sounds simple, but it isn't. Pay for some proper legal advice. Free advice is worth exactly what you paid for it.
 
In Il. (Some counties) The divisional fence has to be HOG TIGHT & they have fence review commitie to resolve fence issues.
 
I hear in this county its fence them in and fence them out and you have the right end. If you have a disagreement you have the county commissioners do a fence viewing.
 
"The farmer without livestock has no duty to build an exterior fence. The basic law requires fencing-in one"s own livestock" - from Indiana Farm Fence Law EC-657. Should check with your township trustee.
 
You need to look for your self what the law says. Here in Missouri if your the one who has livestock your the one who has to keep the fence good and you can sue for damages if livestock gets on your place but it maybe different down your way
 
Your county would know. Up here both parties split the cost if both have livestock. Not always easy to get the other side to pay up, especially if you want a better fence and the neighbor wants as cheap a fence as possible. I think in your case, your neighbor should have to contain his livestock regardless or be liable for any damages to your meadow or property. There's lots of farms up here with no fences because there's no livestock.
 
(quoted from post at 04:56:56 07/03/14) Your county would know. Up here both parties split the cost if both have livestock. Not always easy to get the other side to pay up, especially if you want a better fence and the neighbor wants as cheap a fence as possible. I think in your case, your neighbor should have to contain his livestock regardless or be liable for any damages to your meadow or property. There's lots of farms up here with no fences because there's no livestock.
Click to expand...
ot directed to any one person, but in general, this thread, for the most part is about as dumb as they come! The situation is different in over 10000 places in the USA, but every JA thinks it 'ought to be' or is as it is where he lives!???????????? :roll:
 
Mo, Technically the fence is 1/2 your and 1/2 his too. Sounds like it is due to be replaced. Usually a 50/50 deal or one supplies the labor and the other supplies the materials needed.
If you Opt to totally rebuild , Doze out the fence line to a width so NO Over Story trees at the edge of the dozing width can reach the center line point. IE if the Over-Story trees are 30 ft tall you need a 60 ft Dozer width so neither property owners trees can be uprooted in a storm and get into a the fence!. One can drive around the property see the fence, do any maintence, Mow/shred/spray slapping trees weeds. We will never go back to where you cant get around and see and check on my fences! Hope this helps!
Later,
John A.
 
First thing to do is have a friendly visit with the Neighbor. Hopefully the two of you can come to a agreement. That is the best.

If that doesn't work consult your family attorney. Common sense would say that since he is running cattle and you are not he is responsible. However in my parts the right hand rule is the norm. There may be something written into the abstract though.

jt
 
Lots of irrelevant advice, as usual. JMOR gave the correct answer: Texas is an "open range" (fence out) state, but each county may vote to require livestock to be fenced in. Only took a minute or two on google to get the details.

The relevant laws and other information may be found here: <a href="http://www.texascattleraisers.org/theft-law/livestock-laws.html#.U7UmOZWyd7y">http://www.texascattleraisers.org/theft-law/livestock-laws.html#.U7UmOZWyd7y</a>

According the information posted at <a href="http://equinelaw.alisonrowe.com/2011/06/articles/livestock-laws/open-range-counties-in-texas/">http://equinelaw.alisonrowe.com/2011/06/articles/livestock-laws/open-range-counties-in-texas/</a>, only the following counties remain open range: Andrews, Callahan, Camp, Childress, Collin, Cottle, Ector, Hemphill, Jeff Davis, Kenedy, King, La Salle, Loving, Midland, Navarro, Oldham, Palo Pinto, Reagan, Schleicher, Shackleford, Stephens, Sterling, and Throckmorton.
 
(quoted from post at 21:30:38 07/02/14)
(quoted from post at 04:56:56 07/03/14) Your county would know. Up here both parties split the cost if both have livestock. Not always easy to get the other side to pay up, especially if you want a better fence and the neighbor wants as cheap a fence as possible. I think in your case, your neighbor should have to contain his livestock regardless or be liable for any damages to your meadow or property. There's lots of farms up here with no fences because there's no livestock.
Click to expand...
ot directed to any one person, but in general, this thread, for the most part is about as dumb as they come! The situation is different in over 10000 places in the USA, but every JA thinks it 'ought to be' or is as it is where he lives!???????????? :roll:
Click to expand...

Jammison, !0,000? Can you name ten different rules?
 
With open range laws, who is responsible if a neighbor's animal causes crop damage or property damage? Also who is responsible if the trespassing animal is injured or "accidentally" barbequed LOL?
 
>With open range laws, who is responsible if a neighbor's animal causes crop damage or property damage? Also who is responsible if the trespassing animal is injured or "accidentally" barbequed LOL?

[i:654c4848f0]Sec. 143.001. SUFFICIENT FENCE REQUIRED. Except as provided by this chapter for an area in which a local option stock law has been adopted, each gardener or farmer shall make a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.
...
Sec. 143.033. INJURY TO TRESPASSING ANIMAL. If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, jennet, sheep, or goat, or procures the maiming, wounding, or killing of one of those animals, by any means, including a gun or a dog, the person is liable to the owner of the animal for damages. This section does not authorize a person to maim, wound, or kill any horse, mule, jack, jennet, sheep, goat, or head of cattle of another person.[/i:654c4848f0]

That might explain why most Texas counties have opted out of open range.
 
I had the same problem with my neighbors highlanders. I finally went over and talked to him. I offered to help him dig the post holes and set the posts. It cost me 3-4 hours of my time and a little wear and tear on the tractor and digger. Also a couple gallons of fuel. He put up a four wire high tensile electric fence.
That was two years ago and the cattle haven't been on my place since.
 
VERY GOOD go to the head of the class lol

Publications such as Purdue University (the EC 657 you mention) can be considered as a Secondary Source, while the official legal citation regarding Partition Fences is codified in the Indiana Code at:


IC 32-26-9

Yall take care now

John T Country Lawyer
 
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