Welcome! Please use the navigational links to explore our website.
PartsASAP LogoCompany Logo Auction Link (800) 853-2651

Shop Now

   Allis Chalmers Case Farmall IH Ford 8N,9N,2N Ford
   Ferguson John Deere Massey Ferguson Minn. Moline Oliver

Tractor Talk Discussion Forum

OT: The question of fencing once again!

Welcome Guest, Log in or Register
Author 
Rauville

09-04-2005 11:27:41




Report to Moderator

I know that this topic has probably been discussed, but when it comes down to writing a check, I always have to ask for advice.
Our little old 160 acre farm adjoins land that has been bought up by a "large operator". Just yesterday, I received a bill from him for 1/2 of the fencing costs to put up a 5 strand barbed wire fence on 2 sides of this property. This project would involve taking out the existing 4 strand fence which was put up by us 7 years ago (without asking for aid from the neighbors). For 6800 feet, the bill comes to $8900, of which I would be expected to pay half.
My question; How many of you have been involved in situations of line fences with neighbors where your fence has to be replaced with one of their choosing? Thanks

[Log in to Reply]   [No Email]
Jerry/MT

09-05-2005 12:37:49




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Several years ago we bought our place in Montana and the survey, conducted before final closing by the Sellers, indicated that there was not a piece of boundary fence on any property line.(Some lines were 15-25 feet in error) In addition, the fence was in poor shape with less than 1/3 of the posts holding the wire up. I contacted the surrounding neighbors, told them what the problem was and told them that I intended to have the fence on the property lines, "as surveyed" since that's what we bought to, and if they had any complaints, to please make them known before we closed on the place.All of them were extremely cooperative and most stated they would help build half of the fence when we wanted to replace the existing line. I'm presuming that there is no dispute regarding the property line and so I would strongly advise you to have a face to face discussion with the new neighbor and explain your position on the need for a new fence. Listen to his reason for wanting a 5 wire fence. (Perhaps you could spit the cost of a extra wire to make a 5 wire fence out of the existing fence if the reasoning is good or just for good will.) By all means try not to make this a legal fight if at all possible. It'll just poison your relationship with your neighbor, cause you a lot of grief and money and it may not be resolved in your favor.
just my opinion.

[Log in to Reply]  [No Email]
dr.sportster

09-05-2005 08:03:34




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
I would tell him the money is in my wallet.Now go ahead and try to get it out.No lawyer needed here.Why would he/they even think you would give money for this.They might be on drugs.



[Log in to Reply]  [No Email]
Mark - IN.

09-05-2005 07:40:59




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Here, we do split the cost of putting a minimal required fence with the adjoining land owner, if a fence needs to go up, or replacing one in disrepair. Like John says, take the dispute to the county, have them come out and take a look. The existing fence may be in fine shape, and may not be. One of my fence rows I did eat the total cost, because what I wanted and put up exceded the minimum. My neighbor was happy with the minimum, but allowed me to put in what I wanted, and probably would've picked up a prorated portion. But we're good neighbors, I made the choice, I flipped the bill, and we're still good neighbors.

The guy/lady should've worked it out with you ahead of time, instead of just saying this is what I'm going to do, and you're gonna flip half the cost on "my specs", as opposed to what might be minimal requirements, IF the current fence doesn't already meet requirements. Get the county guy to come out and take a look, and get them to issue a documented ruling on it.

Large operator huh? Too bad aint some loud mouthed neighbor in some sprawling subdivision that used to be a neighbor's farm on the other side of that fence, cause the hog pen would get relocated. Happened to a friend of mine, and the hog pen did get relocated.

Mark

[Log in to Reply]  [No Email]
Nebraska Cowman

09-04-2005 18:58:47




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
We have a gal here that has been buying property and tearing out old fence and replacing it. We just stay out of her way and let her have at it but we ain't buyin' no material. I told her that the present fence would outlast me and I didn't see no sense fooling with it. As long as the fence will turn a cow i don't think you have any leagal responsiblity.



[Log in to Reply]  [No Email]
I Like Case

09-04-2005 18:26:07




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Rau
I believe you are in SD. His is a link to Codifed Law dealing with partition fences in SD. It defines a "legal" fence as well dealing with adjoining land owners.

Link

Personally, I would try to meet the new landowner face to face. Explain to him that you are totally satisfied with the fence you have. If he/she wants a different one they can pay for it but it must meet "legal" requirements.

Try the friendly route first, if that don"t work...??

[Log in to Reply]  [No Email]
Nathan in Texas

09-04-2005 18:19:49




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
First, I would say that you already had a fence and didn't need a new one and they should pay whatever it cost them. Second, you might want to ask what they did with your old fence and that you would like to have the materials that they took down to use for something else.

I can't imagine that they have any legal standing doing something like that without consulting you first and even from just being a good neighbor I wouldn't feel obligated to pay anything to someone who felt the need to take down your fence and put a new one up without asking you about it.

FWIW, Nathan

[Log in to Reply]  [No Email]
Paul in Mich

09-04-2005 17:59:43




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Rauville, I"m no attorney by any means, (Darned sure wouldnt want to be on either), but having read your post, my thoughts on the subject are this: If you had an existing fense along the same property line, and it was of legal height and in good repair, then the owner on the other side of the fense has no right to arbitrarlily remove it and replace it with one more to his likeing without first contacting you and comming to some sort of an agreement. I"d fight him tooth and nail if your fense was legal. If he wants a 5th strand of barbed wire and that is the only difference in what he tore down and what he erected, then the most you would have to pay is for 1/2 the cost of one strand of wire. I realize that there may be legal issues, but I doubt very seriously that the other guy followed the legal route. Another thing is the exact location of the fence. If he put any part of it on your sice of the property line, therefore infringing on your land, you may have cause for a lawsuit. A line fence means just that. It must be on the property line, and if it infringes either way, it must be there by agrerement of both parties. I don"t know what it would cost you to have the line surveyed, and perhaps it is surveyed and staked out. If so, if the other guy removed any survey stakes, then he again is in violation of the law. You as a property owner have just as many rights as he does, and there is nothing wrong with you exercising them.

[Log in to Reply]  [No Email]
buckva

09-04-2005 12:46:35




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  

Shucks-put the ball in his court and let him foot the bills. Copy his bill and send the copy with a note to the effect that you think your existing 7 year old fence is worth at least half the cost and if he doesn't like it then have His lawyer send you an invite to court. this way you will get a proof positive answer and then again it my cost you nothing.



[Log in to Reply]  [No Email]
John T

09-04-2005 12:27:16




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Rau, Im an attorney in Indiana and these type of laws are to some degree both state and county specific. For example in our County n Township one takes fence disputes to the Township Trustee for enforcement and if the adjoining land owner (once served legal notice) refuses to construct a mimimum "legal fence" he can have it built by a contractor and adds the cost to the property owners tax bill which, if unpaid, becomes a lien on the real estate.

However, I suggest you at least consult with a local attorney and then make your decision before just paying that dude whatever he says you owe.

John T Nordhoff in Indiana, Country Lawyer

[Log in to Reply]  [No Email]
Dug

09-04-2005 12:25:54




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Sounds like you need to see an attorney. Will cost you a few bucks for the advice, but seems to me your neighbor should be responsible for the fence if an existing fence was alreay up and in good order. While you are on the attorneys dime, you may want to check into recovering costs of the original fence you put up.

Let us know how this turns out!

Dug



[Log in to Reply]  [No Email]
jimont

09-04-2005 12:08:02




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
Just an additional thought , in this area , 5 strands of barbed wire is not a legal fence. A legal fence here is a seven strand woven fence , topped with one strand of barbed.



[Log in to Reply]  [No Email]
old

09-04-2005 11:36:56




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
In my state if you remove a fench you put it back in. And line fench is really a big no no to remove with out talking to the other person first. Also in my state if say you want to run cows etc and the other guy doesn't then you have to pay for the fence or the other way around. Sounds like you may need to talk to a lawer.



[Log in to Reply]  [No Email]
buickanddeere

09-04-2005 11:35:33




Report to Moderator
 Re: OT: The question of fencing once again! in reply to Rauville, 09-04-2005 11:27:41  
You only have to pay for your 1/2. Your 1/2 can be built to your price and specs as long as it keeps the critters in or out. As for your neighbor tearing down your fence. That is a charge of mischief, vandalism; break of contract, trespass etc. Time for you to send a letter from your lawyer saying you are no pushover and you are aware of the law. Yes I don't like dealing with lawyers either but like going to the Dr. for that checkup. It sometimes has to be done.

[Log in to Reply]  [No Email]
[Options]  [Printer Friendly]  [Posting Help]  [Return to Forum]   [Log in to Reply]

Hop to:


TRACTOR PARTS TRACTOR MANUALS
We sell tractor parts!  We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]

Home  |  Forums


Copyright © 1997-2023 Yesterday's Tractor Co.

All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy

TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.

Yesterday's Tractors - Antique Tractor Headquarters

Website Accessibility Policy