# new neighbor put electric fence up on our fence



## GrammarGoddess (Apr 10, 2005)

Hi, my name is Amanda and I am new to this forum. My hubby and I purchased 100 acres nearly 2 years ago. At the time, we had the option of purchasing 100 acres, or 120 acres and a house. We chose to purchase the 100 acres as the house did not meet our needs and he really wanted an insane price for it. In our purchase agreement, we were to put up a fence dividing the two properties which met specific criteria. We did this and the fence has been kept in excellent condition. We paid the full price for the fencing and farm labor, the previous owner paid nothing. 
Three months ago, some nut from out of state purchased the house and 20 acres. When my husband went to check the cattle tonight, he found that an electric fence had been ran on our side of the property. DH went to speak to him about it. The man has no cattle (he had 5 when he came, but he sold them soon after). My DH is really ticked that the fence is up and has given the man 7 days to completely remove the fence. What a way to meet the new neighbors.
Amanda


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## Siryet (Jun 29, 2002)

Welcome, But we would probably need more info to reply, if that was what you are looking for.

But i do have one question and that is why was your husband ticked at the other neighbor putting up a fence if you aren't even living there yet?


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## Alex (Mar 20, 2003)

I don't understand. If Karl, or Greenwoods, or Francis, my fence-neighbors, put up an electric fence, I'd be happy. It would help keep their cows, etc out of our hay and nurse crops.

So, why not be happy? Is there a reason?

Good Luck,

Alex


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## RachAnn in NW Okla (Aug 28, 2002)

Hi~

this is what I gathered

1. you own land but dont live there
2. you put up a fence (per requirements)
3. you run cattle on your acreage
4. new neighbor put new fence on your side of the existing fence
5. new fence is hot wire

your options

1. introduce yourselves to the new neighbor and casually mention the hotwire
2. go marching up to neighbor demanding the offending fence be removed
3. take down the fence that is not yours but on your land without saying anything
4.report traspassing to local officials.

I would start at the top and work my way down (until I find satisfactory results)

Rachel


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## GrammarGoddess (Apr 10, 2005)

Our kids play near this fence. Although we do not live there now, we are on the property often. I think we are irritated because the fence was put up w/o any discussion. We just found it. We have told him that the fence must be removed or that we would have it removed for him. He is welcome to put up an electric fence on his side of the property, using his on fence posts, of course. He is not to use any of our fencing materials in any fashion. There is no need for him to be concerned about fencing anyway as he has no livestock. 
I am less irritated now. 
Amanda


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## bare (May 10, 2002)

Whoo boy, fences are supposed to "make" good neighbors, not be a bone of contention. Unless the fence is entirely on your property, the fence is considered a "shared" fence, no matter who put it up. That means that the new neighbor is completely within his rights to put up an electric wire on his side, assuming the fence is on the property line.

Unless you paid for a survey prior to building the fence, I'd be pretty careful about raising a stink about it or your neighbor would likely be within his rights to order a survey, billing you for half the cost, and if any of the fence is determined to be on his property, can make you move it.

An electric fence is not going to cause irreparable harm to your cattle or your children. Electric fences are uniformly respected by just about anything.

Just seems like a silly thing to get in a tiff about. They're obviously worried about your animals getting out and doing damage to their property.


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## DayBird (Jul 26, 2004)

I'd be happy for one of my neighbors to help pay for a fence...of any sort.

Did I read correctly? Can I have a survey done and my neighbor is obligated to pay for half of it?


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## BobK (Oct 28, 2004)

Seems a bit petty to make your neighbor use his own posts for a fence when you already have some there. Fences and water cause a lot of friction between neighbors think about letting him use your posts....it might make for "good fences" between your family and his!


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## Cygnet (Sep 13, 2004)

The electric fence is doing no damage to your fence, and will actually probably protect it from your livestock. Your kids will suffer no permanent harm from touching it -- getting zapped by electric fences is pretty much part of growing up in the country; I've seen the neighbor's boys dare each other to touch it.

If he's actually put another line of fence posts up inside your fence, that's a bit much. But if he's just hung insulators off the fence, what's the big deal? I'd thank him for reducing my fence maintenance down the road ...

Leva


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## Jena (Aug 13, 2003)

I would be mad too. Have your cattle ever gotten out? If so, then maybe he had a reason, but he should have talked to you about it. An electric fence is not a big deal, unless you don't know it's there and get zapped.

I think your neighbor has boundary issues (pun intended).

Jena


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## Alice In TX/MO (May 10, 2002)

Anyone who has had cattle and fences for more than a couple of years knows that the cattle lean through to graze on the other side. You should thank your neighbor for putting up the electric fence because your fence will remain vertical now and not have to be rebuilt.

Your kids only have to be as smart as a cow to learn about electric fences.  It should only take once.


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## Nax (Mar 26, 2005)

Did the neighbor know how to get in touch with you? Perhaps he was worried about your cattle getting on his land, and considering you don't live there, the only thing he could do was put up a line. Since most fences run on property lines, he has as much right to electrify his side as you would yours. If you put your fence entirely on your property, you did the odd thing, and unless you told him this previously, he probably just assumed the fence was on the line.

You mention this is his howdeedoo from you. Perhaps it would have been neighborly to introduce yourself to him before this time, since he's the new kid on the block. An ounce of prevention. 

But in the end, look on the bright side. You have an electric fence on a vacant piece of property you run cattle on, and the paid for it and is paying for the electricity. Less for you to worry about. And if you had made friends with your neighbor, you may have had somebody looking out for your interests on a piece of propertry you're not living on.

Just in passing, it sounds like I'd prefer your neighbor to be my neighbor than you.


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## Meg Z (Jun 8, 2004)

I think that this is all a matter of perspective. Most folks I know fence _inside _ their property line, not on it, with the intention being to not share fencing with the neighbors. The disputes that arise from shared fencing is amazing. Just wait until a tree drops on it, and see who's going to fix it...and who intends to claim the insurance!

That said, I probably wouldn't have a problem if someone hooked hot wire on the outside of my fence, even with my fence being inside my property line. Of course, that would depend on what livestock they were running, or planned to run, on their side. It would also depend on if they had the basic manners to ASK first.

You just don't hook up to someone's elses property (fence) without asking! All other things being equal, that alone would make me tell 'em NO! If they can't ask, I can assume they won't take responsibility for any other aspect of fence maintenance, either.

My two cents worth...
Meg


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## Ragamuffin2004 (Aug 29, 2004)

Amanda,
I just want to know I can sympathize with you and your husband and understand how you feel. I wouldn't want an electric fence on my property line either unless I agreed to it, especially if I had small children. This is something that should be discussed by all parties and agreed to before it happens.

Alot of people who put up electric fences in my area use roundup and other chemicals to control the weeds that grow along the electic fence. We refuse to use roundup and other chemical weedkillers for a variety of reasons. My neighbor who started to put up an electric fence on the property line got ticked at us because he wrongly assumed that we were going to let him dump roundup on our side of the electic fence to keep the weeds from interfering with the eletric fence. He ended up moving his fence back 6 feet or so from the property line so he could put roundup on both side of his eletric fence without chemical trespass on our property.


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## southernbelle32 (Jan 12, 2003)

Cygnet said:


> The electric fence is doing no damage to your fence, and will actually probably protect it from your livestock. Your kids will suffer no permanent harm from touching it -- getting zapped by electric fences is pretty much part of growing up in the country; I've seen the neighbor's boys dare each other to touch it.
> 
> If he's actually put another line of fence posts up inside your fence, that's a bit much. But if he's just hung insulators off the fence, what's the big deal? I'd thank him for reducing my fence maintenance down the road ...
> 
> Leva


Leva I agree with you 100% I grew up in the country and have touched a many "hot wire"!!! :haha: You learn fast not to get near them. We used them because our cows would try and push over the fence to get to the greener grass and once it went up they stayed a good distance away!

I would think them since the are paying the cost of the wire and electric bill (unless it's a solar one) and they are keeping your fence in good shape!!!


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## Terri (May 10, 2002)

A LOT! of people get upset if someone messes with their stuff, and the neighbors ought to have asked before they used your fence. It's the frendly thing to do.

That being said, a good neighbor is worth gold. 

Having someone living next door is worth gold. Vacant houses draw kids with guns to shoot at windows (and chase your cows or let them out). Good neighbors yell at kids with guns who are chasing your stock. 

Making up would be prudent.


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## TabletopHomestead (Jun 10, 2002)

I would expect a neighbor to have the good manners to discuss something like adding a hot wire to a shared fence with me before installing it. But then again, I guess I'm just old-fashioned that way. I would check with a reputable land lawyer and know exactly what the law says in my state. BTW, welcome to the forum.


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## fordson major (Jul 12, 2003)

establishing that you own the fence is a good idea . line fences are a source of contention amongst neighbours all over , the fact that you put it up and he is taking control of it by placing an electric wire there with out your say so is a good sign of things to come!! have a neighbour that thought the fence keeping our cows from eating the newly planted trees was our line fence and not the rail fence 16 feet in on his side . have yet to put in a page wire fence as he now respects the land the other side of the rail fence and does not mow the trees or dump crap there


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## tamilee (Apr 13, 2005)

GrammarGoddess said:


> Hi, my name is Amanda and I am new to this forum. My hubby and I purchased 100 acres nearly 2 years ago. At the time, we had the option of purchasing 100 acres, or 120 acres and a house. We chose to purchase the 100 acres as the house did not meet our needs and he really wanted an insane price for it. In our purchase agreement, we were to put up a fence dividing the two properties which met specific criteria. We did this and the fence has been kept in excellent condition. We paid the full price for the fencing and farm labor, the previous owner paid nothing.
> Three months ago, some nut from out of state purchased the house and 20 acres. When my husband went to check the cattle tonight, he found that an electric fence had been ran on our side of the property. DH went to speak to him about it. The man has no cattle (he had 5 when he came, but he sold them soon after). My DH is really ticked that the fence is up and has given the man 7 days to completely remove the fence. What a way to meet the new neighbors.
> Amanda


Hi Amanda;
We get people moving in from the big cities all the time. They've never had property/acerage before and are so worried someone will take an inch from them. We have had a neighbor who moves the boundary markers for the four properties that merge to an odd shape bordering on his property. In his mind this okay, he's clever. Maybe your neighbor had one similar to mine who made his life as miserable as possible or like MANY people who move in, he is afraid of the countryside and imagines there are wild beasts looming out there waiting to get him and his family. Maybe the family was victimized by a home invasion. You just don't know where he's coming from. You and your husband sound like nice people, sane people. You and your husband should go over and introduce yourselves to your neighbors. Go bearing gifts, homemade bread, a cake or something. Take the woman a few plants for a flower garden or a few vegetable plants and be pleasant, don't mention the fence, let it ride. Over time after you establish (if you can; though it's not always possible, some people just aren't friendly) casually mention the fence. If you go charging over like the light brigade or take the matter to court you will start a neighbor war that will make your dream a nightmare and leave you all bitter and angry.
Be the bigger people, be better than they are! Overlook a lot, they probably don't know what they are doing anyway.
tamilee


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## big rockpile (Feb 24, 2003)

This is so simple it isn't funny!!  Cut the electric fence take it down. Your neighbor comes back across your fence :grump: Get him for trespass.

big rockpile


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## goatlady (May 31, 2002)

How the heck was he supposed to ge in touch with you to discuss this, much less ask permission. you got free fencing for your cattle. Glad I don't live next to your property.


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## Snuffy (Apr 16, 2005)

Basically I believe whats mine is MINE, But I don't think that screaming at the other guy until you know why the fence was put up is good idea. This guy might be a greenhorn and though he was doing the right thing. A lot of new neighbors get to be really great neighbors when you get to know them. But with this attitude you will never know!!!


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## RedneckWoman (Jun 10, 2004)

If you don't live there how was he supposed to discuss this with you? I don't see how him not owning livestock is relevant because people usually put up fencing before they buy livestock. At least with his electric fence there,YOUR cattle wouldn't be pushing over your fence and trashing HIS property. I would rather live next to your neighbor than you, dude.


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## mike3367 (Dec 15, 2004)

im not sure why the other post here are saying you need to be there to discuss something that's being done on your side of the fence just dont get that at all. they need to find you and not the other way around in my opion to put there fence up like that. just take it down and roll it up and throw it on there side of the fence


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## Jen H (Jun 16, 2004)

If someone else without my permission erected fencing on my land, I would be upset too. More at the fact they thought it was ok to trespass than at the fence itself. I'd also suggest that if they wanted to use the existing fence to support their electric they could reimburse me for 1/2 the cost of the materials.

Now, if they had approached me before hand I would have no problems at all with them using the existing fence to support their electric lines. And sure, they could string them on my property - less work for me.

If you walk into the tax assessor's office, they can look up the name and address of any land owner. It's public information - at least that's the case here in WA. Sounds like a nice polite letter would have avoided all of these problems.


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## luvrulz (Feb 3, 2005)

Geez Louise! That's not the way to build a good rapport with your neighbor! He's paid for the fencing material and for the electric to keep that wire hot. Why get in a hissy? When you move out to the country & put in fence, you have a couple different options. Letting the neighbor pay for it is the easiest and least maintenance for you and IMHO, you're getting off on the wrong foot with him.

I would be happy if my neighbor wanted to put in fence to keep my cows in! Heck, I'd bake him some cookies to thank him!


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## caballoviejo (Sep 6, 2004)

Just curious. If I were to put up a fence 1' from a boundry line would my neighbor need to put up his own fence (assuming he wanted stock) paralell to mine but just over a foot away? Seems like something big city folks would do when they fight over lot lines. I think city folks get this way because they are always fighting encroachment one way or another. I would NOT want to bring the city way of fighting to my country life, else why move to the country?

I bought property out in the hilly country that was fenced on one neighbor's side. NOBODY's gonna pay to do a survey in hill country just to put up a fence. The fence meanders from tree to tree along an approximate boundary and "his" fence is my fence too except that he keeps it up since he has stock. 

When I bought an acre from him and was preparing to fence it off (to keep his stock off my property) I asked him to come check where I was going to put the new fence. He said put it wherever you want to. I put it on what I believe to be is smack on the borderline.


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## Wolf mom (Mar 8, 2005)

So Sad. 

I would suggest he may not have known you owned the fence.

Maybe he thought it was on the "lot line" & he could use "one side".

I did that, and my neighbor nicely told me it was his fence & could we work something out. I removed my electric fence, put in t-posts and restrung it.

I found out in this area, most people put their fences inside the property line so this doesn't happen.

Did you know in "olden days" fences were built to keep neighbors stock OUT. Today, they're built mostly to keep livestock IN.

His wife and I are now good friends and he does extra things for an old city gal.


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## tyusclan (Jan 1, 2005)

If the fence is exactly on the property line then it's just as much his fence as yours. He should have put the electric fence on his side of the fence, however.


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## big rockpile (Feb 24, 2003)

Like I say he had to climb over on your side to put it up.Nobody has any business on my property wheather I'm there or not,I don't care for what reason.

Lets put it this way if you lived in town,in an Apartment,if you weren't there,and some body came in put new Locks on the Door,would this be right?

big rockpile


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## IrishMom (Apr 16, 2005)

Jen H said:


> If someone else without my permission erected fencing on my land, I would be upset too. More at the fact they thought it was ok to trespass than at the fence itself. I'd also suggest that if they wanted to use the existing fence to support their electric they could reimburse me for 1/2 the cost of the materials.
> 
> Now, if they had approached me before hand I would have no problems at all with them using the existing fence to support their electric lines. And sure, they could string them on my property - less work for me.
> 
> If you walk into the tax assessor's office, they can look up the name and address of any land owner. It's public information - at least that's the case here in WA. Sounds like a nice polite letter would have avoided all of these problems.


I completely agree. If it were me putting up the electric fence, I would contact the owners of the other property just to let them know of my intentions. It seems like a courteous (did I spell that right?) thing to do. 

Having said that, maybe GrammarGoddess could take a gentle approach to the situation, as others have suggested, and initiate a friendly conversation regarding the fence before resorting to action. It's always helpful to be on good terms with neighbors  

Lori


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## goatlady (May 31, 2002)

you don't have to go over a fence to string a hot wire, just reach through at each post, attach the darn insulator and run the wire! What harm? I'm assuming the existing fence was barbed wire as the original poster did not stipulate what type of fencing was used for "their" fence and I'm assuming there was a single strand of hot wire run at the top of the fencing.


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## crashy (Dec 10, 2004)

You are getting some good feed back here..Granted the guy may have overstepped his boundry. I think that would puff up anyone. But you have to live near they guy at least be nighborly and ask why he did it. There is no need to get all worked up yet. Investigate first. May be a harmless move if it was done for being nasty.....well bring it on buddy!!! :grump: Tell him you have TONS of help here LOL


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## reluctantpatriot (Mar 9, 2003)

The issue is not the electric fence, but the fact that the fence was put up on the inside of the poster's property and without permission or askance.

When I had a neighbor post "No Trespassing" signs on trees several feet inside of my property line, facing toward my side of the fence, I simply removed them all and kept them. The fence was on the line and had been there since long before my grandfather had bought the property. The neighbor has a son that was caught trespassing and hunting on my land several years ago, and had he not hit the deer, would have sent a round through my bedroom window. I didn't get upset, I just remedied the situation. To me, it was rather cheeky to do what he did when his son could have killed me during deer season several years ago.

The way we generally deal with things where I live is you talk to your neighbor before you do something that might affect them, especially with fencing, gates and such. If you don't know where they live, you look up the information at the courthouse.

Property lines are only in contention around here when you have someone who conveniently "forgets" where they are and causes harm or you have someone who moves down here, or sometimes even when they visit on vacation, and they think that if they can't see a house, the land must be free for the use, or abuse, and then do what they will.

I would talk about the electric fence put on your land with your neighbor and see what their reasoning was before you get very upset. If they did it out of ignorance that is one thing, but if they did it out of malace or with selfish motives, I would do whatever you feel is warranted to solve the situation.


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## Boleyz (Sep 7, 2004)

Sounds to me like your DH is mostly upset that some ""idiot" bought the adjacent overpriced house and 20 acres. I had a similar issue. I bought a farm that had 1/3 of an acre deeded off of 1 corner. The previous owner had given it to a child to put a trailer on. The trailer was long-since gone as the child had moved away. When I bought the farm, I wanted that corner simply because it was the only place that had a well on it. Guess what? The kid asked me as much for that 1/3 acre as I had paid for the whole rest of the farm. I chuckled and refused, thinking that I would eventually get the 1/3 acre at a reasonable price as soon as the owner came to his senses. Didn't happen. Some "Idiot" paid the ridiculous price and bought the place. Now there's a modern 2 story home on that 1/3 acre and they draw their water from that well I wanted. HOWEVER...I get along fine with them...I still think they paid an idiotic price for that 1/3 acre, but I'm not going to let my disappointment at not getting the well make me act like a petty schoolboy. I think your man is p.....ssed off that he didn't get the adjacent place for the price he was willing to pay, so he's got a chip on his shoulder at the "idiot" who bought it...Just a thought...


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## unioncreek (Jun 18, 2002)

I would ask him to put the hot wire on his side of the fence. Legally depending on the state part of the fence maybe his. I know in MT that when you are facing your property and standing in the middle of a run, whatever is on your right is yours to maintain erect.

Bobg


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## SilverVista (Jan 12, 2005)

I can't imagine someone moving in to a new house and property and having nothing better to do than improve the neighbor's fencing. That's why I would investigate further before getting cantankerous with the neighbor! If you don't live there, "often" may not have been often enough to visit and check your cattle, and the electric may be on your side of the fence to keep YOUR stock in and the new guy's yard plans safe. Heck, the electric charger isn't a cheap piece of equipment, and if he's paying the monthly bill too, I'd just consider it a plus! If the electric were on his side, it would only be a matter of time till your cows had the fence pushed out some. But with it on your side, it's protecting your investment.

I know, I know, I would think it was odd and pushy too, but I'm trying to imagine what led to the situation, and I just can't imagine someone going to all that trouble just to be irritating.


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## Shepherd (Jan 23, 2005)

First of all, welcome to the forum. I hope you don't mind honesty, lol.

The ideal situation is to get along with your neighbors. Not everyone knows how easily you can locate a land owner who isn't living on the property they own... and as someone already mentioned, it's possible they may have thought the fence was theirs. If they didn't, then yes, they should have spoken with you first. 

Irregardless, why does the electric fence bother you so much? It would be to your advantage actually. As many others voiced, I'd be thrilled if a neighbor put electric fencing up on my fenceline, LOL - it would just save me the effort and expense. (I'm guessing your fence is on the property line and when you said they put the electric fence on your side, you mean on your side of the fenceposts.)

You've now alienated someone (or will play heck mending the damage already done) who could have been a real asset to you. A neighbor is someone you have to deal with, so it's best to pick and choose your 'fights' very carefully. It's entirely possible it was completely innocent but it's doubtful they meant any harm to you.

A good neighbor could be of great benefit to you, particularly if you're not there to protect your property. A lot of meth labs are set up on rural property that's unattended. Having a neighbor who cares about you would be willing to alert you or the authorities right away if something seemed amiss. But if you're unfriendly, they may just shrug it off and walk away, leaving you to deal with a real mess later.

Sounds like you're a little angry at the previous owner who sold you the property, wanted an exorbitant amount of money for the 20 acres & house, and demanded you put up fencing... and the new owner (you call a "nut") is getting the brunt of all this. You've really given no other explanation why you feel this guy is a nut, other than he paid a lot of money and he's from out of state.

When you live in the rural areas, you need to depend on your neighbors in an emergency. The best thing you can do is try your best to get along with them all the best you can. By the sounds of it, you'll have a hard time making friends with this one, after your husband confronted him with an ultimatum. Good luck.


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## Unregistered (Aug 27, 2004)

Before getting into a lot of trouble and hard feelings please check one thing. If the fence post are t-posts there is only one side the insulators can fit on. They can't be put on the other side. If the posts are put in with the flat side facing your side that is the only side the insulators will fit on.


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## Oilpatch197 (Apr 18, 2004)

umm, you got a free electric fence!
That's like on the property line, I DON'T EVEN CONSIDER THAT TRESSPASSING!

I really don't see a problem here, except for the stiff-necked landowners that utterly dispise people who Tresspass!

Look-it, that fence COULD very well be on his side of the property line, who knows without a survey!!! 

Now I feel like riding my ATV down the local trails, WITHOUT LAND OWNER PERMISSION.


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## starkravenmad2 (Feb 22, 2005)

big rockpile said:


> Lets put it this way if you lived in town,in an Apartment,if you weren't there,and some body came in put new Locks on the Door,would this be right?
> 
> big rockpile


Thats totally differant and irelavent,he shou;dnt have entered property but this is totally blown out of propotion,he put up a hotwire on a fence that was already there.
Ask him if he would mind buying property next to mine and electriyfy fence he be my golden neighbour and be treated accordingly


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## Mike in Ohio (Oct 29, 2002)

I was waiting for my favorite tresspasser to chime in. The reason I call you my favorite is that you are far enough away that I don't have to deal with you in person. 

I don't really see a problem here except for pea-brained tresspassers that don't respect no tresspassing signs.

Mike



Oilpatch197 said:


> umm, you got a free electric fence!
> That's like on the property line, I DON'T EVEN CONSIDER THAT TRESSPASSING!
> 
> I really don't see a problem here, except for the stiff-necked landowners that utterly dispise people who Tresspass!
> ...


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## twstanley (Sep 23, 2004)

Did they put a wire on your posts? Or put new posts in on your side of the fence? If they just put a hot wire on your posts, you need to check the fencing laws in your area, that very well could be legal as it may be a shared fence once erected.

If they put posts on your side they very well may have misjudged where the boundary line is and you may need to discuss it with them to clear it up, with getting a survey and having the boundary lines marked the final method of clearing it up.


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## Lisa A (Apr 1, 2003)

Yes, they should have contacted you, but without a house on the property 
or an address for you, I think it's quite reasonable that they didn't or couldn't. 
Being annoyed and venting privately is one thing, but making it into an issue
with the neighbor probably won't do any good and could mess up the 
relationship. What if some day your stock break down your fence and do some
damage on his property - you won't have much right to be mad when he sues 
you for $$$. We try not to get too mad when the neighbor's horse causes 
problems (broken our fence twice), since if someday our goats get out, we're
going to need every bit of good will we can get... 

Animals are pretty hard on fences; goats sheep cows and horses all have
pretty itchy backs and fences make great backscratchers. We electrify 
pretty much everything to keep the fences safe. We just turn off the power 
to the fences when we have kids over. We only have 5 acres, with 100 acres
don't see why you'd be so close to the fence anyway...

Lisa


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## WisJim (Jan 14, 2004)

tyusclan said:


> If the fence is exactly on the property line then it's just as much his fence as yours.


In Wisconsin, the law says (or it did the last time that I actually checked the actual statue) that a line fence, one between rural acreages, is the responsibility of both land owners. One is responsible for each half--I forget exactly which half is mine and which half is the neighbors, but it is either the right or left half as you face the fence while standing on your property. It is clearly spelled out in the law, although there is talk of changing it because of all the absentee land owners.

This particular situation sounds like a lack of communications from the start. If I was an absentee land owner, I would want to be on the best possible terms with all the neighbors, and not offend the people that are right next door when I am back in the city.

Jim


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## Jan Doling (May 21, 2004)

You paid for that fence and if it is on your side of the property, I say tie him to it and throw a bucket of water at him! That is one nervy neighbor you've got there!


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## Laura Workman (May 10, 2002)

Nobody's mentioned this, including you, but is there a possibility your cattle got out and he fixed your fence and then put up electric to keep them in? Around here, fences are on the lot line, shared. He who has stock maintains the fence. If both have stock, maintenance is shared in a reasonable fashion and nobody gets their knickers in a wad. If a tree falls, somebody gets out there with a chain saw, frees the fence, stands it back up, and we drive on. So what's all the fuss? I mean, how much, really, does a T-post cost, anyway? Sheesh!


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## sidepasser (May 10, 2002)

Hi,

Down here a fence that is dead on the property boundary line belongs to both landowners no matter who put the fence up. If you want the fence to be only "yours" then you have to offset it at least 6 inches back from the "boundary" line. Then the other neighbor would have to put up their fence and maintain it.

Heck, seems like a lot of to-do about nothing - go visit the neighbor, find out what's what, and hope like heck that the damage is not too great to neighbor relations...do you know how hard it is to get GOOD neighbors? Ever had the neighbor from Hades??? 

Might even explain that you are afraid your children might touch the fence and the neighbor would have likely removed the line anyway...

I put up 32 acres of fenceline and share it with my neighbors, they used to have cows and I have horses, it's my fence, I keep it up, but they get the "use" of it as well if they ever get any livestock. in the meantime, they help if trees fall, etc. and are glad that I keep the fence in good repair so my horses don't get in their hay fields... it's a thought that keeps us all good neighbors..and I've been here nearly 20 years and have only had one dispute in all that time with a neighbor (and they moved away...). All in all not too bad for someone who has more than ten neighbors that are directly over the fence from me (a subdivision joins one side of my property... and a big ranch joins the other three sides).

Good fences make good neighbors, but a good fencer makes a better neighbor!

Sidepasser


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## Thumper/inOkla. (May 10, 2002)

I also would be thrilled to have someone put up a hot wire on my side of the fence and foot the bill for it too.

My goats and sheep often cross our barbwire fences to our neighbors place, I ask if they are a problem, so far they aren't, we do all the fence repair around our place
and help others any time we can. Once the horses crossed where a tree had taken the fence down, and we where out there at 1am repairing fence by flash light, what fun, chain saw and barbwire in the dark! 

I can understand the feeling of being tresspassed on though, it's like having someone sneek in through a window.


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## Oilpatch197 (Apr 18, 2004)

Thumper/inOkla. said:


> I can understand the feeling of being tresspassed on though, it's like having someone sneek in through a window.


You got somthing to hide?


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## seedspreader (Oct 18, 2004)

Oilpatch197 said:


> You got somthing to hide?



If she does it's nothing of your concern, unless you and the militia want to check it out.

I don't understand your juxtaposition of opinions, if you truly belong to a militia, it surely must be because you feel the government isn't fulfilling it's end of the bargain on some point (real or imagined), yet you want other people to be able to have access to others land, regardless of the repurcussions of injuries, litigation, etc. I just don't get it. One clearly supports privacy and personal rights, the other steps on them.

Unless of course your militia is just for drinking beer, swapping lies, and shooting stuff... but around here we call those hunt clubs. 

P.S. Hunt clubs don't end up on government watch lists. Hope this helps you out.


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## caberjim (Feb 19, 2004)

Well, upon rereading the original post, I've gotta say that Amanda seems to be a tad in the wrong. I have to assume from the way she described it that the fence sits on the property line - if she even knows where that is. If it does, the neighbor has the right to use it and the obligation to help maintain it. It does not mean he only has the right to use the side facing him - he can use the entire fence. If there is cattle that can cross into his property, he has every right to be concerned about fencing. While he should have asked, he was not obligated to. Being an absentee landowner, you may not have been easy to get in touch with. Seems she was not out there for 3 months at a time. Sure, he could have done record searches, but why go thru that much hassle for a fence that is yours to work with. He ran electric, paid for the materials and pays for the power. Big deal. He did not trespass and he used what is jointly owned. Are you more upset that he used the fenceposts you paid for, for that he bought the land you wanted? Marching over there and demnading he remove the fence he is entitled to put up is hardly a good way to meet your new neighbor. Especially since he is living there full-time. He could have been a great asset to you - maintain fence, keep and eye on your property and cattle, etc. 

You were handed a potentially very beneficial situation and mucked it up a bit. Might want to try and make amends. Angry, vindictive neighbors are not good to have. 

best of luck


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## bgak47 (Sep 4, 2003)

I'm an absentee land owner,but I don't run any animals on my place. My neighbors are my best friends,& whatever they decide to do about OUR fences between Our properties I will always support with money or my labor when I am there.We have had some trouble with horses breaking our fences.Since we have adjacent properties we share the responsibilities for these problems.I'm sorry when I hear someone talking about THEIR FENCE when it is on the property line. Fences are either meant to Keep IN or keep OUT. My neighbors & I have chosen to make this apply to livestock only. I'm sorry to hear that people have problems with their neighbors over fences.


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## patarini (Nov 19, 2004)

I need some fencing -- can you send the neighbor my way? I went to all the neighbors when I bought this land and told them all welcome to hunt on it anytime -- Doesnt hurt me any if someone walks across my property or Strings a free fence on the line for me! Now if the fence wasnt on the line, nother story!


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## bgak47 (Sep 4, 2003)

Sorry, I just have very good neighbors. We bond with campfires,Bar-B-Qs & Comunication!


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## tsdave (Nov 3, 2002)

First off, in most places the fence is not yours if it is built on the property line. Next if it is on the property line, then he probably can put an electric fence strand on either side or both. BUT ... if he puts animals that are held by the fence , you MAY be able to have him pay half the cost of the fence, you need to check how long you have to do this. He may say that your fence isnt holding his stock in since he is using 'his' electric fence. You should read the fence laws in your area. Espically before you take down his fence, as YOU may be the one paying someone to reinstall it ! 

if he is using his own posts, and stuck them right on the line then he may not be using 'your' fence, if he put his insulators on your posts, then he may have to pay you half.

fence laws vary, best look it up online.


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## Quint (Nov 12, 2004)

Mike in Ohio said:


> I was waiting for my favorite tresspasser to chime in. The reason I call you my favorite is that you are far enough away that I don't have to deal with you in person.
> 
> I don't really see a problem here except for pea-brained tresspassers that don't respect no tresspassing signs.
> 
> Mike



I'm right with ya Mike. I know the type. He is the loser wanna be type that owns nothing of his own but he feels he has the right to use what you work hard to acquire. The lowest of the low. The leach. The lazy. The parasite. In the end those types get what is coming to them.

Oh, and way to give ATV riders a bad name. "I'm gonna go trespass with my ATV....." Make sure you don't wear a helmet and ride really really fast. Close your eyes sometimes while you're doing it too...it's great try it.

Militia? I seen those western Illinois militia guys at a gun show way back in the 90s and was less than impressed. Embarrassed by was more like it. Besides, militias are so like 1994.


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## Oilpatch197 (Apr 18, 2004)

Well, I don't get you property owners, it's like I step on one foot of your land you yell out "Tresspasser" "Tresspasser"

I don't see a problem with a ATV trail that goes maybe cuts thru one acre at the far conner of your unfenced wooded property, I really don't see no problem with this.

If you want people OUT, put signs up, and put contact info on them, putting up "No Tresspassing, Violators will be procecuted" all those signs do is make me laugh, and ****ed off because the land owner has enough time to put the sign up, but fail to fill out the "owner" "address" areas on the sign.
Since the land isn't really yours, you just rent it from the goverment in the form of property taxes.

Also, yeah I tresspassed on ATV trails near me, but you know what, those ATV trails have been there since the early 80's, and MANY people go there,


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## kppop (Dec 3, 2004)

I guess the term private properyy doesn't mean anything anymore  What a shame. And ppl wonder why land owners get upset. I don't have a problem with anyone coming and asking me if it's ok be on my land..but don't assume you have that right..you don't.

We've had several ATVers seriously injured by hog wire put up by the property owners to block the trail...the owners had signs posted and the riders ignored them..imagine that  the riders then had the balls to try and sue for damages..what a joke..they ended up be fined for tresspassing.


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## Mike in Ohio (Oct 29, 2002)

Oilpatch, you have already said that you will ignore signs anyways. All I can say is you may get away with it however many times.... it only takes you getting caught by someone like myself once to cure you of your untoward ways. I stay strictly within the law but I will point out that having had to deal with armed tresspassers (that have made threats) in the past we tend to assume that anyone tresspassing has ill intent and deal with them accordingly. 

Follow instructions and you will get a free visit with the sheriff deputy (Your ATV would be impounded until the court case is resolved... assuming it does not get confiscated). Do not follow instructions and you will be shot. I don't think I can state it any more plainly than that. We will not put ourselves, family or friends at risk trying to be nice to people that tresspass despite our property being well posted. After what happened in Wisconsin last Autumn, I don't think any sensible property owner is likely to take chances being nice.

What problem you see or don't see is irrelevent. It's not your property.

If you want to use your ATV, buy your own property, use public property or get yourself a friend that has property.

And funny thing.... over time, as wayward individuals like yourself have experienced moral persuasion on my part, I have had less and less of a problem with tresspassers. 

When bad things happen to you because of your poor choices you will blame it on others who are doing you wrong. I pity you in that you aren't willing to take responsibility for yourself and your actions.

Mike





Oilpatch197 said:


> Well, I don't get you property owners, it's like I step on one foot of your land you yell out "Tresspasser" "Tresspasser"
> 
> I don't see a problem with a ATV trail that goes maybe cuts thru one acre at the far conner of your unfenced wooded property, I really don't see no problem with this.
> 
> ...


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## Snowdancer (Sep 23, 2002)

> Since the land isn't really yours, you just rent it from the goverment in the form of property taxes.
> 
> Also, yeah I tresspassed on ATV trails near me, but you know what, those ATV trails have been there since the early 80's, and MANY people go there


That is the mindset that makes me wonder why anyone would choose the very rural country life over staying in the city or suburbs.  

To pay for a place, pay the yearly high taxes and insurance, then work hard and struggle to make a nice place in the country for the benefit of the local yahoo's who maybe own -1 acre with a run down house but think that everyone elses' nice, clean woods are their personal playgrounds. :grump: 

What difference is there in living in the city or the country if holding land ownership is just thought of as working to provide a free place for every tresspassing, check drawing, fence destroying, mangy dogs running, beer drinking, trash tossing, ginseng digging, mushroom stealing, gun toting yahoo's that has never heard or understood the words respect or property owner rights???

This thread has just validated my decision to leave the rural country life after 52 yrs. At least in the city, half the town is not family members of the local cops who won't do a thing when 'bubba' trashes your fences and ruins your walking trails with their ATV's! :no:


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## rambler (Jan 20, 2004)

Thank you for the update, I was wondering how it was going for you. This thread is straying a bit of late so wasn't going to ask any more.

I can see both sides of this issue, without knowing your neigbors & with the minimal info first supplied, I was kinda wondering which way things really were, as so many expressed here.

I hope the new neighbor & yourself can keep things on an even keel & workable terms.

As usual, there is probably 'more to the story' and that is fine.

--->Paul



GrammarGoddess said:


> I should have been more clear, sorry. The fence is 10 inches on our side of the property according to the survey. The T posts face our direction as that was his reasoning for putting the hot wire on our side. We are on the property daily and both of our other neighbors know how to get in contact with us. As a matter of fact, both of the other neighbors share a gate between our property and theirs and we have a general understanding that the two neighbors we know can go onto our property at any time.
> Recently, a distant neighbors cattle got out, the sheriff called us to see if we would go check it out. Although they were not our cattle, the sheriff asked if we would put them on our property until their owner was found. DH and the sheriff ran the stray cattle in. We housed them for 2 weeks. One day, we went to check and feed the cattle and the 14 strays were gone. Because the outer gate is padlocked, DH knew that one of the neighbors gathered them up. We saw one of them in town and he let us know that he had helped the distant neighbor gather the cattle. We had no problem with this.
> We are not difficult to live nearby. We are fun normal, sane people and our fun, normal, sane neighbors love us.
> Amanda


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## Oilpatch197 (Apr 18, 2004)

Yes, Tresspassing with intent to destroy property is wrong. I also feel your pain with the trouble you have had, I supose bad experiences do have a profound effect on your thinking.


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## Quint (Nov 12, 2004)

Oilpatch197 said:


> Well, I don't get you property owners, it's like I step on one foot of your land you yell out "Tresspasser" "Tresspasser"
> 
> I don't see a problem with a ATV trail that goes maybe cuts thru one acre at the far conner of your unfenced wooded property, I really don't see no problem with this.
> 
> ...


You just don't get it.

IT DOESN'T BELONG TO YOU THEREFORE YOU HAVE NO RIGHT TO USE IT. 

If you want a place to ride your ATV, pick mushrooms, hunt, hike, screw, swim or whatever there is a simple way to accomplish these goals, BUY YOUR OWN PROPERTY AND STAY THE HELL OFF WHAT DOESN'T BELONG TO YOU.

What is it about private property that you don't get? Do you actually own anything? You apparently own your ATV. Perhaps everyone should be able to ride it whenever the hell they want. It isn't hurting you after all is it? Can I walk into your house, fix a sandwich, sit down on your couch and watch your TV while you aren't home? After all I'm not damaging anything.

I should be amazed that people with your criminal mindset exist but sadly, I'm not. People who wish to take what they are either too lazy or stupid to acquire on their own are far too common these days. I don't know whether to blame bad upbringing or bad genetics. A little from column A and a little from column B I suspect.

Damn, it is like trying to explain to a retarded 5 year old that is is inappropriate to play with your own (or anyone else's) feces. You think that it would be something that they either would instinctually know or have been instructed about somewhere in their upbringing and you wouldn't have to explain it, but yet you have to, over and over and over again.


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## papaw (Jan 21, 2005)

GrammarGoddess said:


> I should have been more clear, sorry. The fence is 10 inches on our side of the property according to the survey. The T posts face our direction as that was his reasoning for putting the hot wire on our side. We are on the property daily and both of our other neighbors know how to get in contact with us. As a matter of fact, both of the other neighbors share a gate between our property and theirs and we have a general understanding that the two neighbors we know can go onto our property at any time.
> Recently, a distant neighbors cattle got out, the sheriff called us to see if we would go check it out. Although they were not our cattle, the sheriff asked if we would put them on our property until their owner was found. DH and the sheriff ran the stray cattle in. We housed them for 2 weeks. One day, we went to check and feed the cattle and the 14 strays were gone. Because the outer gate is padlocked, DH knew that one of the neighbors gathered them up. We saw one of them in town and he let us know that he had helped the distant neighbor gather the cattle. We had no problem with this.
> We are not difficult to live nearby. We are fun normal, sane people and our fun, normal, sane neighbors love us.
> Amanda


I think you should cut the fence and throw it over YOUR fence .... he was not being a good neighbor and you shouldn't have to put up with it ....


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## Mike in Ohio (Oct 29, 2002)

Quint, no use getting yourself aggravated.

As far as the electric fence, I'd go speak with them. If it is your fence and you truly want it removed then go tell them. I'd at least hear them out before drawing a line in the sand. Just remember that if you declare war you had better be willing to deal with the situation. I'm not saying that to convince you not to make an issue of it. Understand what your end goal is and focus on that.

As usual, just my 2 cents.

Mike


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## cloverfarm (Jun 1, 2004)

If it's not too late, a little chat about the fence would be good.

I am probably viewed as the neighbor from hell since we are surrounded by McMansions -- we own and operate the two farms on this mile. Let me think, what hellish things have we done. We sold the milk cows which were featured in the views from some of the houses, and planted corn in their pasture; sometimes cattle die and the carcasses are visible for a day; DH is so busy I tke care of the chickens, so all the construction work done in teh chicken barn looks like it was doen by teh Monroe brothers on "Green Acres" and the chicken barn is also highly visible; DH parked the tractor and manure spreader in our yard; at one point the farm dog ran loose -- not only from house to barn and from farm to farm, but after walkers, joggers and bikers (that was probably the worst) -- and repeatedly turned down one neighbor who has a 3-acre hay field (S shaped on the side of a hill) who wanted DH to make his hay and couldn't understand why DH declined.

At least we dont' own hogs. I've talked DH out of that several times. Although ... well, anyway ...

A trespassing tid-bit to share -- where I grew up "everyone" went four-wheeling on the posted-no-trespassing old quarry site. A family of 10 or 16 people went out with kids in the backs of their trucks. No one knew an old bridge on one of the trails had been taken out. They wrecked and several were killed, all members of the same family :waa: which was pretty awful. To lose so many kids in the same family.

They sued the property owner for taking a decrepit bridge down on his own property.

Let's be careful out there.


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## Jasoneakers (Aug 27, 2012)

reluctantpatriot said:


> The issue is not the electric fence, but the fact that the fence was put up on the inside of the poster's property and without permission or askance.
> 
> When I had a neighbor post "No Trespassing" signs on trees several feet inside of my property line, facing toward my side of the fence, I simply removed them all and kept them. The fence was on the line and had been there since long before my grandfather had bought the property. The neighbor has a son that was caught trespassing and hunting on my land several years ago, and had he not hit the deer, would have sent a round through my bedroom window. I didn't get upset, I just remedied the situation. To me, it was rather cheeky to do what he did when his son could have killed me during deer season several years ago.
> 
> ...


THIS!

I thought maybe the opposite mindset was more prevalent amongst certain age groups or regions but I'm finding out that its just how some people think. They don't respect property right, boundaries, etc. 

I get the feeling that maybe if the neighbor had just asked that the original poster might have considered allowing him/her to put up the fence. But that's the problem, people don't ask. They just assume that they can do what they want. Well to me that is dishonest and just not very neighborly and the original poster is within their rights to take it down and in my opinion keep the fence components until the neighbor has the good sense to come, apologize and ask for them back. 

We used to find climbing stands on our property. We'd take them down and keep them and let the neighbors know we found them. Then when the trespassers would come to claim them we'd ask for ID and record their information and let them know if we find them on our land again we'd report them. 

It just seems to me that people feel like they have a right to trespass. I wonder if these people go around public parks looking for unlocked cars so they can sit in them, borrow people's stuff out of them and what not? That's essentially what you are doing but you probably see one thing as crazy and the other as sane. 

I've dealt with bad neighbors all my life. When we lived on the farm when I was young we had a neighbor move his electric fence about 5 feet onto us every month. He was just claiming more land and more land. The land we sold him included part of a pond we had no intention of altering but not the dam. He was so irritated that he didn't control the dam that he had a bulldozer come in and he MOVED the dam off of our property and onto his. Who does that? But to him he was within his rights because its what HE wanted. 

Now yes I agree that the original poster should talk to the neighbor in a calm and logic manner and let him/her know that this was wrong and ask for it to be removed. Unfortunately letting it stand rewards the bad behavior. At this point, even if its something they want they should make the neighbor remove it. 

I'm really shocked at everyone here who thought it was OK since the neighbor couldn't contact them that he/she had a right to put the fence up. Where I come from if you can't ask you don't have permission and its not better to ask for forgiveness rather than permission. 

J


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## mekasmom (Jan 19, 2010)

Alex said:


> (If) my fence-neighbors, put up an electric fence, I'd be happy.
> 
> So, why not be happy? Is there a reason?


I would be thanking God that somebody else went to the expense of putting up the electric fence along my property. Look at it as a blessing to you.


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## CaliannG (Apr 29, 2005)

Unregistered said:


> Before getting into a lot of trouble and hard feelings please check one thing. If the fence post are t-posts there is only one side the insulators can fit on. They can't be put on the other side. If the posts are put in with the flat side facing your side that is the only side the insulators will fit on.


Incorrect.

The county came and took a few feet of property from me, and installed a new fence....with the T-posts facing the wrong direction for the insulators that I had.

So I went to the feed-store and bought insulators that fit on the T-side, rather than the flat side.

T-post insulators for electric fencing are made for all sides of a T-post. Sounds like the neighbor bought the wrong kind and, instead of returning them and getting the right kind, just hung the fence up on the other side.


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## emdeengee (Apr 20, 2010)

GrammarGoddess said:


> Hi, my name is Amanda and I am new to this forum. My hubby and I purchased 100 acres nearly 2 years ago. At the time, we had the option of purchasing 100 acres, or 120 acres and a house. We chose to purchase the 100 acres as the house did not meet our needs and he really wanted an insane price for it. In our purchase agreement, we were to put up a fence dividing the two properties which met specific criteria. We did this and the fence has been kept in excellent condition. We paid the full price for the fencing and farm labor, the previous owner paid nothing.
> Three months ago, some nut from out of state purchased the house and 20 acres. When my husband went to check the cattle tonight, he found that an electric fence had been ran on our side of the property. DH went to speak to him about it. The man has no cattle (he had 5 when he came, but he sold them soon after). My DH is really ticked that the fence is up and has given the man 7 days to completely remove the fence. What a way to meet the new neighbors.
> Amanda


I don't blame you for being annoyed. It is a case of common courtesy. IMO it is not about the fence but rather about respect for your neighbours. 

Putting up the electric fence is not actually such a big deal (could even be useful to you) but it sets a precedence that I would not be happy with. The neighbour is doing what he wants with no regard or consultation. What next? This is a slippery slope. You could arrive at your property one day to find that a drainage ditch has been dug or trees cut down. This happened to a friend of ours in one of his back fields.

I too would have required the fence to be removed.


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## DaleK (Sep 23, 2004)

Seriously? 7 1/2 years? Talk about a zombie thread


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## clovis (May 13, 2002)

I agree.

Why are people bumping really old threads?


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## JanO (Jun 17, 2003)

I'm wondering the same thing.


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## belladulcinea (Jun 21, 2006)

:hobbyhors


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## NickyBlade (May 27, 2008)

lol... As Dale pointed out, this thread is from 2005!


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## simi-steading (Sep 27, 2012)

New person found and commented on a really old thread....

Kinda glad they did though.. interesting thoughts from a lot of people.. 

I don't get the OP's despise for a neighbor doing what would actually be a good deed... I'd have no problem with a neighbor putting wire on my fence posts.. no matter which side of the post it is.. .


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## fishhead (Jul 19, 2006)

I would like a new electric fence. I would NOT like someone to put it up without talking to me first. If he feels entitled to do this to your fence what else will he feel free to do in the future?


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## notbutanapron (Jun 30, 2011)

I would assume if someone put an electric fence on the side of a 100 acre property with cattle, it was because a cow had broken a fence or he had experience with a cow breaking a fence and didn't know about the T side of the posts [I think we call those posts star pickets here]. Plus, the electric wire would totally protect my expensive fence... and the two something hundred dollar chargers you'd need... man...

I only have a few acres right now and I'd be upset if the neighbour did it now - mostly because it's only a few acres and I'm right bloody here.

As for children, I've seen children dare each other to PEE on the things. Hilarity ensued. It's like instant intelligence testing. Be afraid of the kid who keeps peeing on the fence for attention. XD

Also, I may not have cattle but I have a fancy expensive garden I don't want cows eating - so who knows what's on his fence. Maybe his smokable plants? haha.

I know this post is old but I read the whole thing before I saw it and I have opinions that need to be heard by nobody, goshdarnit.


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## arabian knight (Dec 19, 2005)

DaleK said:


> Seriously? 7 1/2 years? Talk about a zombie thread


Ya really if this has not been settled by now there is no hope.


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## belladulcinea (Jun 21, 2006)

Ummmm, the guy put it on the OP's side of the fence not his side of the fence. That's why she is upset. You know like someone encroaching on your property????


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## arabian knight (Dec 19, 2005)

belladulcinea said:


> Ummmm, the guy put it on the OP's side of the fence not his side of the fence. That's why she is upset. You know like someone encroaching on your property????


Ya but that was 7-1/2 Years ago when first posted by the OP.


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## CaliannG (Apr 29, 2005)

~sighs~ I should check the dates of the posts more often. I am unaccustomed to having ancient threads just pop out from the grave. I didn't think to look at the date.


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## fordy (Sep 13, 2003)

GrammarGoddess said:


> Our kids play near this fence. Although we do not live there now, we are on the property often. I think we are irritated because the fence was put up w/o any discussion. We just found it. We have told him that the fence must be removed or that we would have it removed for him. He is welcome to put up an electric fence on his side of the property, using his on fence posts, of course. He is not to use any of our fencing materials in any fashion. There is no need for him to be concerned about fencing anyway as he has no livestock.
> I am less irritated now.
> Amanda


................:hair:hair:hair:hair:hair:bored::bored::bored:


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## belladulcinea (Jun 21, 2006)

I know it was 7 1/2 years ago....people are still getting it wrong! LOL LOL


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## modineg44 (Jun 25, 2002)

The OP said that they (OP and her husband) put up a fence. The new neighbor put another fence up - the electric one inside the OP's property. Now there are two fences. I would also be mad.

Nancy


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## secuono (Sep 28, 2011)

He put the fence on your side and on your own fencing, that's trespassing and destruction of property if nor just trespassing and defacing property. 

I put electric on MY side of my neighbors fence. But that was because they refused to keep up the fence. I am always fixing it, tightening it and the such. They didn't care that I put hot wire on my side of it. And they better not, or I will just put their fence back in the run down condition it was in. 
I only go on their side to fix their barbed wire if I can't reach from my side.


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## haypoint (Oct 4, 2006)

I wouldn't like it one bit.
But, i would have asked the neighbor what he thought he was doing. Then, I'd listen.
There are lots of questions in all this, but the important answers are unknown. What exactly did the neighbor say? Did he just stand there and listen? While there may not be any right answer, at least listen to his rationalizations.


In Michigan, there is an old law that if a neighbor runs livestock, using your fence, you can charge him fence rent.Different states have different laws.


I own 202 acres. 80 in one place, 120 across the road and 2 a half mile up the road. The 2 acres is on a road corner. The other two sides are the beginnings of a ravine. Just off my property the ravine continues to a small stream. Beyond that is the other side of a ravine. The whole ravine is brushy. The owner of the ravine, also owns 400 connected acres. She has a house across from my 120 acres. She's wealthy. Her husband died 6 years ago. She has two sons that she is giving her property to. One retired at 50, married and kids, bought a house on the shore 6 miles away. The other son, lives with mom part time and the family home 300 miles south. He's never had to have a job. Heâs mid-50s, too.

Last week as I was on the 2 acres, these guys stopped to check the property line. There are clearly identifiable survey stakes. One of them noticed that my hay baler and a wooden wheeled wagon were parked "over the line". He said they plan to run cattle and I'll need to move my stuff, so they can fence.

They aren't running cattle and they aren't going to cut brush along the ravine to run a fence. In spite of owning 400 acres they do nothing with, my stuff is encroaching.
So, I donât want a neighbor nailing up an electric fence on y property, but I think it is petty for a couple of rich kids to make me move my baler off an unusable piece of their 400 unused acres? Is this apples and oranges or am I rationalizing?


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## mekasmom (Jan 19, 2010)

belladulcinea said:


> I know it was 7 1/2 years ago....


I didn't realize that either.


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## Miss Kay (Mar 31, 2012)

This thread is so funny. What I want to know is what became of "oilpatch". Is he in jail, shot, or still zipping around on his neighbor's back 40?


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## TJN66 (Aug 29, 2004)

Oilpatch197 said:


> Well, I don't get you property owners, it's like I step on one foot of your land you yell out "Tresspasser" "Tresspasser"
> 
> I don't see a problem with a ATV trail that goes maybe cuts thru one acre at the far conner of your unfenced wooded property, I really don't see no problem with this.
> 
> ...


Doesnt make it right.


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## nc_mtn (Nov 24, 2007)

Funny, if I was in the situation, I'd just string up my own electric line around the rest of my fence, and hook to his hot wire. Use his electricity to power the rest of my fence line....


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## Bearfootfarm (Jul 13, 2006)

> *I don't see a problem* with a ATV trail that goes maybe cuts thru one acreat the far conner of *your* unfenced wooded *property*, I really *don't see no problem* with this.


What if that's *MY* favorite spot to hunt on *MY* land?

I might not "see a problem" digging a 3 ft wide trench 4 ft deep across the path and covering it with small limbs either, but YOU wouldn't like it when you found it.


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## fatrat (Feb 21, 2009)

Why do you think your neighbor is an idiot just because he moved from out of state? Why do you think he is an idiot just because he paid what you "think" is to high of a price for HIS house. Maybe the house and twenty acres had something he liked which he couldn't fine anywhere else and decided to buy it rather than risk losing it by waiting for the price to go down. Maybe he thinks your an idiot for buying 100 acres you don't live on. Maybe he thinks your an idiot for having livestock there but no electric fence to protect your fence from the livestock pushing on it. Maybe you and your husband are just jealous that he had the money to buy it but you didn't. Maybe we will see a thread on here soon from him complaining about his idiot neighbors who don't live on their land, don't protect their fence from their cattle and get ----ed off when he out of kindness and generosity fixes their stupid fence free.

Sounds to me like you got a real good neighbor. Sounds to me like maybe he doesn't.


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## ChristieAcres (Apr 11, 2009)

We bought our property five years before the newest neighbors bought theirs. After they moved in, we went over to introduce ourselves. Soon after, I noticed the guy was one motivated dude! He was really hitting the ground running in just about every respect. He did a number on the house, beautiful concrete walkways around back, logged quite a few trees, and just began transforming everything for the better! He and his family are all very nice, too. Shortly after we first met, I stopped by for a little visit, asked them what they planned to do with the acreage below their home, bordering ours. Fence it, was my answer! Hey, I was pleased, and told them to please stop by and let us know FIRST, so we could show them the property lines. The guy was very pleased to hear we had a legal survey and our property is well marked!

Prevention is worth a pound of cure...

However, after the fact, a simple request to move the fence, showing where it should be is all that is required. If he refuses, you remove it, as has been suggested.

Let us know how it turns out!


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## Bearfootfarm (Jul 13, 2006)

> Sounds to me like you got a real good neighbor. Sounds to me like maybe he doesn't


You're talking to someone who only had 6 posts, and the last one was 7 years ago


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## Alice In TX/MO (May 10, 2002)

I was wondering if anyone else noticed that this thread is from 2005. 

Jasonsneakers, who has only four posts, apparently dug it up and renewed the conversation for some reason.


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## Old John (May 27, 2004)

Miss Kay said:


> This thread is so funny. What I want to know is what became of "oilpatch". Is he in jail, shot, or still zipping around on his neighbor's back 40?


He thought it was just fine to Trespass, cut fences, Cut through the neighbors woods, fields or pasture. It has been a long time since I've seen any of his posts though. Maybe he just moved back to the city??


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## Shygal (May 26, 2003)

He is banned, for good reason lol

So many old names on this thread, whatever happened to Boylez, Bolyez, I could never spell that name right


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## SilverVista (Jan 12, 2005)

Thank you so much for dredging up this thread! I didn't realize how old it was, and was mentally formulating my own reply as I was reading. Imagine my delight when I discovered that I posted on this in 2005, and that while 7 years have dulled my bright chatter a bit, I DO still have the same values and opinions!


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## CountryWannabe (May 31, 2004)

GrammarGoddess said:


> When my husband went to check the cattle tonight, he found that an electric fence had been ran on our side of the property.


On your side of your fence? Or on your side of HIS property? There is a difference.

If on your side of your fence, I would be unhappy. If on his side of the fence I would be more careful. 

He may have sold the cattle he had, but do you know if he intends purchasing other livestock? Goats may be delightful, but they can be very hard on fences. Ditto sheep. 

I would find out his motivation before getting too angry. Or wait for his future goats and sheep to kill your fence. Your choice.

Mary

ETA: I didn't realize that this thread was old till I read a few more posts. I never look at the thread dates - maybe I should!!


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## fantasymaker (Aug 28, 2005)

TJN66 said:


> Doesnt make it right.


Why not? A trail open to the public for over 25 years would very likley be a public right .


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## countryfied2011 (Jul 5, 2011)

I am glad this thread has been bumped up because eventually we will be dealing with new neighbors at some point in time. We just finished 2800 ft of farm fence which is actually 1 or 2 inch back off the property line in some places and other places at least a foot because of rock. DH inherited 14 acres of 74 and his siblings have the rest which they plan on selling their share of the remaining acres. It is good to see other's responses. We dont consider our fence a common fence especially since it is not directly on the property line. I really don't want anyone tieing into it because it is very hard to get someone to pay up when damage is done. I know because we have repaired or replaced existing fence on the 74 acres where others livestock has tore it down. Also there is a gravel road right beside it that FIL did on the property long before he died, so if someone were to tie into it they would also have to put in a gate or they would loose access to the back of the property. So hopefully whomever buys the place will put thier fences up on their side of the gravel road and neither of us will have a problem with livestock. :whistlin: 

I am not the type of person who takes kindly to people helping themselves to anything that is ours...I don't mind sharing something but don't take without asking and depending on what it is we might discuss it. It is called common courtesy which this country is sorely lacking now days.

The survey pins and wooden stakes with flags clearly show where the property/boundary lines are so there is no mistaken whose is whose at our place. Even when we were at an existing fence of one of our neighbors on the other side.. when we put up ours we did NOT tie into theirs, we put our own posts/wire in on our side.


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## rambler (Jan 20, 2004)

fantasymaker said:


> Why not? A trail open to the public for over 25 years would very likley be a public right .


I took it as the public using it for 25 years, not open to them......

The public might steal it sure, but that is in the eyes of certain laws, not what is 'right'.

Thought this thread started looking familar when I was reading it yesterday, came to find I even had replied to it what back when! 

--->Paul


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## am1too (Dec 30, 2009)

I find the discussion of value. Maybe there should have just been a new thread.


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## Bearfootfarm (Jul 13, 2006)

> Why not? A trail *open to the public* for over 25 years would very likley be a public right .


"Being used" isn't the same as "being open"


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## seedspreader (Oct 18, 2004)

Shygal said:


> He is banned, for good reason lol
> 
> So many old names on this thread, whatever happened to Boylez, Bolyez, I could never spell that name right


Last time I talked to John (Boleyz) was about a year and a half ago. 

He was doing "ok" then, but as I remember was having a bit of a rough patch.


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## texican (Oct 4, 2003)

Apparently you made a crucial mistake at the beginning.... by not buying the entire property. Don't worry, most people do... thinking that a part of the property they want is overpriced, and they'll settle for just part of it. By not buying it all, you allowed someone else to come in and buy it. At this point, you can start a war, in which you'll never win, or play it cool, and possibly have a nice neighbor (I have heard such critters exist).

Absentee landowners? The untold truth, if you don't physically live on the land, you realllllly don't own it. Of course, you do on paper, 'de jure'... but in the eyes of the locals, you don't 'de facto'.

I'd not do anything, till I moved onto it. If it's going to be years, I'd personally think it was great that the neighbor was running a hot wire on 'my side'... it can only protect your livestock [which is hazardous... not living there... cattle have been know to 'disappear' overnight, to be seen again several states away] and your fence.


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## plowhand (Aug 14, 2005)

You shouldn't forget about being sued when he falls down and get's hurt climbing over you fence to add the electric.

I'm sorry folks, but when everyone knew everyone there wasn't so much contention about people trespassing on other peoples property. Now it'd different, especially in a sue-we'll get rich world. It gets old finding new flashlights in the cow pasture, especially with a 2700 lb bull in there. How about someone trying to run you off your own land,when they're in your pasture hunting physcodellic mushrooms.

As far as the fella not knowing who owned the property,well that's his job, finding out who!

As far as being a good neighbor, I'm all for it.It makes the world go round. I also believe in starting out like you can go along. If that fella wants to get along he will.


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> "Being used" isn't the same as "being open"


For sure there would be a lot of questions about the situation. But in general terms people should be aware if a "Trail" is "used" by the public for some period of time it becomes a public right to keep using it.


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## Bearfootfarm (Jul 13, 2006)

> But in general terms people should be aware if a "Trail" is "used" by the public for some period of time it becomes a public right to keep using it


If they can PROVE it's been used 20-30 years MAYBE a court would let them continue, but in the case of an ATV trail, it's not likely


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## jen74145 (Oct 31, 2006)

Who pulled the Lazarus on the seven year old thread?

Edit: I see. Well, carry on fussing over an issue that was handled seven years ago.


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## plowhand (Aug 14, 2005)

jen74145 said:


> Who pulled the Lazarus on the seven year old thread?
> 
> Edit: I see. Well, carry on fussing over an issue that was handled seven years ago.


But ain't it fun for those that didn't get in on it before!


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## Hollowdweller (Jul 13, 2011)

So what actually happened? Do we know:shrug:


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## WhiteStar Acres (Oct 11, 2012)

The OP better be careful, the next thing you know that pushy neighbor will be bringing her baskets of muffins and plowing out your snow choked driveway without asking.

Some neighbors can be a real pain, give them an inch they give back a mile.

You better watch out.
lol


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> If they can PROVE it's been used 20-30 years MAYBE a court would let them continue, but in the case of an ATV trail, it's not likely


I am personally familer with 100's of miles of ATV trails that are open by court order.So I would say ithere is a STRONG liklyhood that could happen in the appropriate situation.


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## salmonslayer (Jan 4, 2009)

Miss Kay said:


> This thread is so funny. What I want to know is what became of "oilpatch". Is he in jail, shot, or still zipping around on his neighbor's back 40?


 I can shed some light, him mom caught him on another not so wholesome site and he has been grounded from the internet ever since.

It is an interesting thread though even if its so old. In most of Missouri fences on boundaries are shared with the burden of who maintains it belonging to the owner who has livestock and a legal burden to keep them in. If both have livestock or no livestock its a 50/50 deal, put your fence up inside your boundary lines and you open up all kinds of issues if you dont let the neighbor hook on. We even have gates between all of our neighbors to ease in moving livestock back and forth if there is a need (they get out, brush fire or something) and I thank our lucky stars we have such great neighbors.


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## lamoncha lover (Mar 1, 2009)

one of my neighbors put up a nice barbed wire fence where an older one had been. I guess its right along the property line. 
I was glad he didn't ask for me to pay for part. ..course I have no livestock down there and he does.
I wasn't nearly so glad when i went walking on my property to see the left over pieces of new barb wire thrown over the fence onto my property. And the tops to the wooden fence posts they had cut off. Guess they didn't want to litter in their pasture and so much easier to throw into a wooden area. MY wooden area 
I imagine they will be surprised when they go to hay next year and meet up with those metal pieces and wooden tops back in HIS pasture. WTH is wrong with people?.


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## Bearfootfarm (Jul 13, 2006)

> I am personally familer with 100's of miles of ATV trails that are open by court order.


Then you shouldn't have a hard time finding something you can show to back that up


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## Zilli (Apr 1, 2012)

nc_mtn said:


> Funny, if I was in the situation, I'd just string up my own electric line around the rest of my fence, and hook to his hot wire. Use his electricity to power the rest of my fence line....


Wouldn't that be........_stealing_? :shrug:


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## Big Dave (Feb 5, 2006)

Just did not read all the content. My friend SIR YET passed a while back and this just gave me mixed emotions. He was the first to post on here and welcome the Grammergoddess.


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## countryfied2011 (Jul 5, 2011)

> I imagine they will be surprised when they go to hay next year and meet up with those metal pieces and wooden tops back in HIS pasture. WTH is wrong with people?.


While I understand the frustration, because I would have felt the same way, but if the metal gets baled in the hay--the animals eating it will be the ones who suffer. I would have picked up the barb wired/metal pieces and it put in my trash or the dump. :shrug:


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## Jasoneakers (Aug 27, 2012)

jen74145 said:


> Who pulled the Lazarus on the seven year old thread?
> 
> Edit: I see. Well, carry on fussing over an issue that was handled seven years ago.


I'm the newb offender!

For some reason it was at the top. No way I'd dig back through seven years of threads to bring it up.

Then again...

1. New people have opinions too and the people that thought the trespass and the use of other's property without asking need to pull their heads out of their...

and 

2. I'd revive it again if nothing to hear all the whining and griping about someone resurrecting it. 

J


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> Then you shouldn't have a hard time finding something you can show to back that up


Check out any large patent issued under The Alaska Native Claims Settlement Act


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## Bearfootfarm (Jul 13, 2006)

> Check out any large patent issued under *The Alaska Native Claims Settlement Act*


That has nothing to do with THIS topic, or your claim about ATV trails


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## ufo_chris (Apr 30, 2010)

Jasoneakers said:


> I'm the newb offender!
> 
> For some reason it was at the top. No way I'd dig back through seven years of threads to bring it up.
> 
> ...


Jason, welcome!
Apparently those whining are the minority, there seems to be plenty of interest in this topic.
I'm also one of those that don't want anybody to use my property w/o asking and would be very peeved if one of my neighbors acted like it was his.


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> That has nothing to do with THIS topic, or your claim about ATV trails


LOL what is "THIS TOPIC"
The OP started out not wanting their fence used by others,that wandered into the area of where to put a fence and why,THAT wandered into the area of losing ground if someone uses it ,THAT wandered into riding trails across someonme else and then when I mentioned after a period of time using a trail could become a right you asked for proof.
The biggest easyest proof I could think of off hand was the hundreds of miles of atv trails that were reserved by court order in patents in Alaska.
BUT if that isnt good enough for you look at most country roads. Most have not been on purchased rights of way. They simply exsist because they have been used by the public.Dont think that you can close off those roads just because they are not on a deed.
So just exactly what topic where you talking about and what did you want me to come up with when you asked for proof?


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## Bearfootfarm (Jul 13, 2006)

> So just exactly *what topic where you talking about* and what did you want me to come up with when you asked for proof?


I've already quoted it for you more than once.
You should know what I'm talking about :shrug:


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> If they can PROVE it's been used 20-30 years MAYBE a court would let them continue, but in the case of an ATV trail, it's not likely


Ok your turn How about offering up some proof?


To those besides Bearfoot. perhaps a atv trail on your property wont become a public right but why chance it, simply close it off at least once a year and keep a bit of proof.


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## Common Tator (Feb 19, 2008)

We have had ATVers on our property. Not recently, because the old road they used to ride in on has fallen into a terrible state of disrepair, and they would have to lift their atv over logs. But we fenced across it with barbed wire. I tied dozens of colorful ribbons on the fencing to make sure they saw it. I did NOT want anyone riding through it because they didn't see it. I posted numerous NO TRESPASSING signs. The ones they could reach, they tore down. So I backed my own ATV up to a couple of trees, and stood on it while putting up some signs, just as high as I could reach. The signs that they couldn't reach are still there.

There is a public trail through the National Forest, that goes around our place, not through it. Many of the trespassers I've confronted over the years claim that they thought they were really on that trail and not on private property. So I hand painted a sign telling them that this is NOT that trail, and gives them directions on how to find it. So if they come past all of that they intended to trespass.

I do check the fencing regularly. I check my signs, and replace the missing ones. And I have photographed the old road where we had such a problem for so long, with all of the signs and barbed wire, bedecked with colorful ribbon.

I want to offer a thought to those who worry about having some of your land taken by adverse possession.

There are requirements that are supposed to be met before a judge will grant it. Discussed here: http://en.wikipedia.org/wiki/Adverse_possession
It must be open and notorious and continuous. The possessor must have continuous and exclusive use of the property. They must actually possess the property. And their use must be hostile, non permissive or adverse.

I studied up on this some time after we bought the place, because of the odd behavior of some of the cabin owners. A little history. Our ranch is completely surrounded by National Forest. The road between the highway and the ranch has a number of Forest Service lease land cabins on it. The cabins can't be used as a primary residence, ie. you can't live in it. Most of them are owned by the descendants of the people who built them in the 20's and 30's. Some of them had ancestors who knew some of the previous owners of our ranch, and at least one claims that his grandfather worked for the previous owner of the ranch as a 'foreman'. That wouldn't have been full time work, and probably only for a few weeks, as at the time, the only work available at the ranch would have been picking apples In the fall, and the orchard was only about 10 acres, of immature trees.

But these people had a hard time when we bought the place understanding that we bought the place, and we have a right to decide who comes on the property and who doesn't. Another piece of history is that the place sat vacant for nearly a decade before we bought it. For the first few years, we would find the cabin owners picking our apples without permission, or hiking through the place. I tried to be as pleasant as possible in my dealings, yet firm that we are the owners. Please call in advance to get permission before entering. In the beginning, I was also very generous with the apples too. 

One cabin owner is a very angry older guy that lives out of state, and only visits his cabin infrequently. Maybe a couple of times per year. But when he is here, he considers himself KING OF THE MOUNTAIN! He calls the sheriff to report anyone or anything that doesn't meet with his approval. He screams at people, and he vandalizes things to change others behavior.

I met him one evening at dusk, well on our ranch. Our gate was locked, but he and his wife crawled under it, and brought their dogs along, to hike through the ranch to go look at a waterfall in the National Forest. We didn't see them when they were on the way there, but on the way back to their place, their dog saw our dog, and charged up and attacked and pinned her to the ground. The dogs owners got their dog off ours. They introduced themselves and after giving their history of always going through our place, asked permission to go through while hiking. I was still new at owning the place, and a bit overwhelmed and intimidated. My hubby had broken his back, and he was in bed in the house. I was alone and unarmed, and this was our first trip up there after hubby was discharged from the hospital. I was intimidated by the guy, I was outnumbered, and his dog scared me. I agreed, and even though I had misgivings, I had not gotten his contact information to tell him I had changed my mind. I guess it didn't matter, because the guy only visits 2-3 times per year.


Fast forward a few years. I was leaving the ranch one day. I was getting ready to lock my gate, when a couple of dogs came running down the road toward me. I didn't recognize that one was the same one that had pinned my dog down that night. I recognized that there was a notice at the store in our nearest community that two dogs fitting the description of these two had attacked a forestry worker. So these two came running toward me, and I scrambled back into the truck. The dogs veered back into the woods. I sat there for a minute thinking that I shouldn't leave with these dogs running loose. We now had a herd of goats, and horses, and these dogs could do a whole lot of damage while I wasn't there. Then the dogs came back onto the road and they were running at me again, veered back into the woods , and. Few minutes later they were running back at me again. This time I could see a pair of legs walking toward me, and eventually, from behind the trees, I could see that it was that cabin owner.

He was coming to walk through the ranch to go to the waterfall. I stopped him and told him that we now had livestock, and I couldn't let him take his dogs through. He told me that he had been walking through the ranch his whole life, and nothing I said or did would ever make him stop. I got more assertive and put my foot down. I told him about my livestock, and reminded him of how aggressive his dog was. He had a screaming cussing hissy fit, called me stupid and left, but the way he talked, I thought he may try to assert a claim to the ranch.

So based upon what I knew, and what I researched, here's what I came up with. And I must stress here, I'm not a lawyer. But remember the elements for adverse possession that I listed above.

1. His use of the ranch was not continuous. This guy didn't even live in state. He couldn't claim continuous use if he wasn't there but a couple of times per year.

2. His use wasn't exclusive. We had exclusive use of the ranch. We had locked gates and we had the keys. He didn't.

3. His use was permissive, for the first few years. I had given him permission when we first met, and so for those few years, he was there with permission. It was not open, notorious and hostile. If he wanted to assert a claim, it would have begun when I revoked my permission.

He didn't meet the requirements for adverse possession, and therefore wouldn't win in a legal claim for adverse possession.

I heard a lawyer on the radio discussing this same thing once. He talked about how once a year, lawyers in New York City will be working for building owners. They will sit outside the building for a day and grant permission for people to be there. They are doing this so that nobody can claim to have had open, notorious, non permissive, hostile use of any part of the building to claim adverse possession. Because for at least that one day per year, the use is permissive. That would restart the clock for an adverse possession claim. They need to have adverse posession for a number of years to make the claim, and if they are given permission for a period of time, that restarts the clock.

Plus, in some states, California for example, they also need to pay the property taxes for the property they are trying yo take. I have been paying my own property taxes, and i can prove ti, and that is another element that an adverse possessor wouldn't be able to meet.

We open our orchard for you-pick in the fall. If I needed to, if anyone did try to claim adverse posession, I would follow the example of the New York Lawyers, and say that because the public is welcome on the property during the times we are open during apple season, their use is permissive, and non exclusive and therefore they can't claim adverse posession. Plus, with my website advertising our apples, hours of operation, plus our Facebook page, we can document all of it, and I wouldn't have a difficult time enlisting lots of happy and regular customers to verify what I say.

If you have someone who is trying to take a chunk of your land, you might want to give them permission in writing, (certified mail, return receipt requested) for a certain period of time, but them give a date certain when it must cease and they be gone. If they don't leave willingly, have them arrested.

This is discussed in more detail here: http://www.dot.ca.gov/hq/row/landsurveys/Study_material/California-Adverse-Possession.pdf


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## Bearfootfarm (Jul 13, 2006)

> Ok *your turn* How about offering up some proof?


How is it "my turn" when *you haven't shown anything* yet?
But, unlike you, I CAN back my statements with documented proof:

http://www.cals.ncsu.edu/wq/lpn/statutes/nc/adversepossession.htm
_



If they can PROVE it's been used* 20-30* years MAYBE a court would let them continue, but in the case of an ATV trail, it's not likely

Click to expand...

__



1-35. *Title against State.* 

Click to expand...

_


> _The State will not sue any person for, or in respect of, any realproperty, or the issue or profits thereof, by reason of the right ortitle of the State to the same -_
> _ (1) When the person in possession thereof, or those underwhom he claims, has been in the adverse possession thereoffor *thirty years*, this possession having been ascertainedand identified under known and visible lines or boundaries;which shall give a title in fee to the possessor._
> 
> _ (2) When the person in possession thereof, or those underwhom he claims, has been in possession under color of title for *twenty-one years*, this possession having been ascertainedand identified under known and visible lines orboundaries._




*Still *waiting for yours


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## fantasymaker (Aug 28, 2005)

Bearfoot That statute has absolutely nothing to do with the topic we are talking about.(ATV trails)
Thats about adverse possession, that would of course have more to do with the OP and losing land by not having a fence on the line. I think what we are talking about is a prescriptive easement.


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## fantasymaker (Aug 28, 2005)

prescriptive easement n. an easement upon another's real property acquired by continued use without permission of the owner for a period provided by state law to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion

FROM....

http://legal-dictionary.thefreedictionary.com/prescriptive+easement


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## Bearfootfarm (Jul 13, 2006)

fantasymaker said:


> *prescriptive easement* n. an easement upon another's real property acquired by *continued use without permission* of the owner *for a period provided by state law* to establish the easement. The problems with prescriptive easements are that they do not show up on title reports, and the exact location and/or use of the easement is not always clear and occasionally moves by practice or erosion
> 
> FROM....
> 
> http://legal-dictionary.thefreedictionary.com/prescriptive+easement


The* same rules* apply, as YOUR source states:

http://www.aoc.state.nc.us/www/public/coa/opinions/2002/unpub/010474-1.htm



> To establish an *easement by prescription, a claimant must prove* by the greater weight of the evidence that: (1) the use is adverse, hostile or under claim of right; (2) the use has been open and notorious such that the true owner had notice of the claim; (3) *the use has been continuous and uninterrupted for at least twenty years*; and (4) there is *substantial identity of the easement* claimed throughout the prescriptive period.
> 
> *Prescriptive easements are not favored in the law*, and the burden is therefore on the claiming party to prove every essential element thereof.


And still you've shown nothing..................


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## fantasymaker (Aug 28, 2005)

Ok bearfoot you are right. Let anyone that cares to develop and use a trail across your place, never give it a thought, yep that that sure seems prudent.:shrug:


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## ||Downhome|| (Jan 12, 2009)

bare said:


> Whoo boy, fences are supposed to "make" good neighbors, not be a bone of contention. Unless the fence is entirely on your property, the fence is considered a "shared" fence, no matter who put it up. That means that the new neighbor is completely within his rights to put up an electric wire on his side, assuming the fence is on the property line.
> 
> Unless you paid for a survey prior to building the fence, I'd be pretty careful about raising a stink about it or your neighbor would likely be within his rights to order a survey, billing you for half the cost, and if any of the fence is determined to be on his property, can make you move it.
> 
> ...


My Understanding at least here, Is that should a survey be needed in a dispute its on the party trying to prove right. all cost are born unto them. Should they prove the fact that indeed the property in question is deeded to them then the offending party is due the full cost of survey as well as court costs and any other damages.

By Mi State law a fence erected on a common boundary is shared. Common being the property line. That means use and expense. 
One reason some folks get upset.
If your fence is located off the property line you can request half the expense of the fence should a neighbor start using it or request that the action be stopped. I.E. They erect a Fence. 
Most often a foot and a half for maintenance is a requirement between fences, 1.5 for you 1.5 for them and a three foot maintenance access thus.

Just had Issue with the Numb nut behind my mom has a 100' of road frontage, the property was all on piece once upon a time, mom has 175 foot frontage. Dad Fenced the back to keep the dogs in and on the one side it angles at 4 degrees. towards his property. dad squared it and kept it over, aesthetics and that whole dispute thing.Well this guy keeps trying to go off that fence. problem is mom looses 35 foot of frontage or so. I dont know if hes a Idiot or not? Front of his drive way lies on my parents property. maybe he knew that? 
Well Before He started popping holes I explained how it was understood, payed no attention. He gets a auger and is putting holes in middle of winter in a snow storm? My brothers went out and told him he should get a survey and make sure you dont encroach.
well he encroached so his poles got pulled. they put them back in, they got pulled again, the daughter comes over raising Cain. that is after the state boys where called, but they both got corrected.
then he went to the court house to pay taxes and bought a copy of my moms deed and a map of the parcels. which had he asked I could of shown him both and saved him some money. 
Any ways hes trying to buffalo me into this fence. Well for one I was nicest about it, my brothers can be rather rude to say the least. But I'm no fool and its not my say. So I told him oh H... No, I told you I got a 100' tape , I offered it to you to try and find the line before all of that stuff, we will go measure now.
Well he wants to start in the back, so ya duh that poles good but it 4 degrees over that way in the front, hes trying to go straight? AHHHHHH.
it at a angle, ANGLE! 
So I said lets go down front and measure. Nope wants to measure all down the line? 
Find point A and Find Point B and connect a line(String) their you go!
So after that first measurement he goes see see, just like I thought.
Well no and come to find out his far fence is at least a foot inside the line.
He was using that as the line. Which puts him over at least a foot.
Come to find his far fence is at least a foot of.
we do all the measuring and hes still trying to come over the line? 
even after we did it both directions and he sees it falls in th middle of his driveway???
Well I Iterate a bit told him my patience was wearing thin and that do what ever your going to do, just make sure your fence is on your property other wise, you pay for the survey, the court cost,lawyer fees and removal of the fence as well as damage to trees bushes shrubs grass or ground and any other damage.

My Honest and best advice to him was measure 97 foot off that far fence and put it up on that line.

Well That fence has yet to go up.

I think he knew full well he was encroaching but wanted access to our pond in the front for his live stock. 

We are not the sort to just take stuff though. 

And that fence has yet to be erected.

But you can see how fences do not always make good neighbors.

Of coarse I suppose you need to be good neighbor material first and for most.


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## Bearfootfarm (Jul 13, 2006)

> Let anyone that cares to develop and use a trail across your place, never give it a thought,


I never said that either.
Why keep *making things up*?


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## Use Less (Nov 8, 2007)

If you don't protest, ( consider doing so politely in writing, mailing with a return card, or having a lawyer send the letter), the other property owner could eventually claim adverse possession. The new neighbor is probably just ill-informed and eager to "do stuff" at his new place, but even so. Potentially sticky all the way around.


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## Common Tator (Feb 19, 2008)

||Downhome|| said:


> My Understanding at least here, Is that should a survey be needed in a dispute its on the party trying to prove right. all cost are born unto them. Should they prove the fact that indeed the property in question is deeded to them then the offending party is due the full cost of survey as well as court costs and any other damages.
> 
> By Mi State law a fence erected on a common boundary is shared. Common being the property line. That means use and expense.
> One reason some folks get upset.
> ...


Please reread my post #130. I don't know how long the neighbor has had his driveway on your parents line, but his clock for claiming adverse possession started when he did that. Have your parents send a letter, return receipt requested granting him permission to have his driveway there for a period of time,say a month. But he must have it moved by the end of that time. You might want to have a lawyer write the letter, because people pay more attention to lawyer letters. 

This does two things. It documents your efforts to get him off your parents land. And it restarts the clock for adverse possession, because permission was granted.

If he hasn't moved the driveway in the time allotted, send a certified letter telling him he is trespassing. (I really recommend you have a lawyer for this)! But I would move the driveway, and sink the posts IN THE NEIGHBORS DRIVEWAY.

But that's just me.


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## fantasymaker (Aug 28, 2005)

Bearfootfarm said:


> I never said that either.
> Why keep *making things up*?


Look carefully I never said that you said that .



fantasymaker said:


> Ok bearfoot you are right. Let anyone that cares to develop and use a trail across your place, never give it a thought, yep that that sure seems prudent.:shrug:


 That was my comment.Me giving up on talking to you since I never can make any sense of what you are saying.
I think people here either have gotten the message there is a risk in letting others continue to use their land or they never will.
So there is no point to continue wallowing in a mud fight.


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## countryfied2011 (Jul 5, 2011)

> So there is no point to continue wallowing in a mud fight.


Or the adult thing to do.....Would respectively agree to disagree with each other and move on.


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## ||Downhome|| (Jan 12, 2009)

Common Tator said:


> Please reread my post #130. I don't know how long the neighbor has had his driveway on your parents line, but his clock for claiming adverse possession started when he did that. Have your parents send a letter, return receipt requested granting him permission to have his driveway there for a period of time,say a month. But he must have it moved by the end of that time. You might want to have a lawyer write the letter, because people pay more attention to lawyer letters.
> 
> This does two things. It documents your efforts to get him off your parents land. And it restarts the clock for adverse possession, because permission was granted.
> 
> ...



Little Different Situation.

I'm very familiar with Adverse possession. 
If you reread my post you will see this was all one section.
The Drive way existed before the split.
Its also only the Very Front about 10' deep maybe 20' center of road and 5' wide if that. 
All well within the ROW. 
Not much you can do with it.
Can't rewrite the whole of the property line either.
So I can't see him going to court to claim it?
Be cheaper to just move the culvert and front of the drive.

The Problem was the new fence he wanted to Erect.
I think that was solved.
Like I said still has yet to go up.
Kinda think he was shooting for adverse possession to gain use of the pond for his stock.
If he puts the poles in wrong again they come out again.
the lines was surveyed before where the stakes are not sure think the back one some one pulled.
But until either of us can establish, IE new survey.
Neither can do anything legal. He can put them in and we will keep pulling them.


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## Katiebug (Jan 30, 2021)

RedneckWoman said:


> If you don't live there how was he supposed to discuss this with you? I don't see how him not owning livestock is relevant because people usually put up fencing before they buy livestock. At least with his electric fence there,YOUR cattle wouldn't be pushing over your fence and trashing HIS property. I would rather live next to your neighbor than you, dude.
> [/QUOTE Having been through this situation, I would not want to live next to someone who isn't intelligent enough to look at deeded property lines and is so rude as to build a fence not on their own property, but on someone else's property! Who the heck builds a fence on someone else's property? Who does that?


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## Katiebug (Jan 30, 2021)

patarini said:


> I need some fencing -- can you send the neighbor my way? I went to all the neighbors when I bought this land and told them all welcome to hunt on it anytime -- Doesnt hurt me any if someone walks across my property or Strings a free fence on the line for me! Now if the fence wasnt on the line, nother story!


She said the neighbor put up the fence on HER property I'm amazed at how many people on this thread are willing to give away property for free. Fence lines can become boundaries. I'd be mad, too, if a neighbor put up a fence within my acreage---basically, that's theft.


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## Katiebug (Jan 30, 2021)

mekasmom said:


> I would be thanking God that somebody else went to the expense of putting up the electric fence along my property. Look at it as a blessing to you.


That's insane. She already has a fence. She doesn't need a new fence from a neighbor who doesn't respect her rights as a property owner. I have a nice pasture for my horses. One day I went to the end of it, and lo and behold, piles of brush were lined up inside (on my property) the fencing. I went and asked the man on the other side of the fence, "What is this?" He said I was building a brushy fence. "That's fabulous," I told him, "But DO it on your property, not mine." Brush removed, and I never spoke to the man again. People need to respect property rights. I'm amazed here at the people who think it's fine and dandy for a neighbor to encroach on her property. It's not okay. Neighbor needs to be read his rights.


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## painterswife (Jun 7, 2004)

This thread is over 10 years old,


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## Katiebug (Jan 30, 2021)

WhiteStar Acres said:


> The OP better be careful, the next thing you know that pushy neighbor will be bringing her baskets of muffins and plowing out your snow choked driveway without asking.
> 
> Some neighbors can be a real pain, give them an inch they give back a mile.
> 
> ...





painterswife said:


> This thread is over 10 years old,


Yes! But I had to google this:  " What to do when neighbor posts fence inside your property line." Not much came up---but this! Laughing. But not laughing. I bought a fixer upper on some acreage and went out the other day and the neighbor put up a hot wire fence quite a bit into the property on my side---even crossing over the gravel driveway in back... Thus, I was absolutely flabbergasted by the comments on here!


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## GTX63 (Dec 13, 2016)

There was a piece of land to the south of us that I bought. It had fencing on it's southern boundary that belonged to the neighbor next to it. That neighbor died and new absentee owners bought it. The wire fencing was broken down over the years from trees falling and general lack of care. Before I moved livestock over there I installed new 4' red band metal fencing to fill in the gaps and damage.
Their property had a survey on file and the posts/markers were accurate. I met the new owner and told him what I had done. I told him the new fencing was his but for my benefit as well. If he had been living there I would have sought permission. If he said "No" I would have put up fencing on my side.
Fences make for good neighbors when that is what the fence is intended for.


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## Fishindude (May 19, 2015)

Why are all of these old, old threads getting re-started?


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## Katiebug (Jan 30, 2021)

GTX63 said:


> There was a piece of land to the south of us that I bought. It had fencing on it's southern boundary that belonged to the neighbor next to it. That neighbor died and new absentee owners bought it. The wire fencing was broken down over the years from trees falling and general lack of care. Before I moved livestock over there I installed new 4' red band metal fencing to fill in the gaps and damage.
> Their property had a survey on file and the posts/markers were accurate. I met the new owner and told him what I had done. I told him the new fencing was his but for my benefit as well. If he had been living there I would have sought permission. If he said "No" I would have put up fencing on my side.
> Fences make for good neighbors when that is what the fence is intended for.


 Agreed. Thank you for your input.


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## Katiebug (Jan 30, 2021)

Fishindude said:


> Why are all of these old, old threads getting re-started?


LOL Not much out there on the subject matter. That, and I didn't look at the dates until I commented. Then thought, Oh well, who cares, still pertinent info...


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## Danaus29 (Sep 12, 2005)

Fishindude said:


> Why are all of these old, old threads getting re-started?


A lot of them pop up in the recommended reading list at the bottom of the page. Some come up in google searches. Some come up when you do a search on the site. But most are brought up by recommended reading, an issue which the owners of this site say is part of the programming and not something they can change.

As for the fence, fence laws vary by state. I would not allow anyone to put fence inside my property line unless I was paying them to put up *MY *fence. We have removed fencing that was placed on our property. Putting an electric fence on my fence would also not be tolerated. I would never advise someone to allow a neighbor to place fencing on their property including an existing fence.

I didn't go back and read the whole thread but just the first page. I too am shocked at the number of people who would allow someone to run an electric fence inside their own fenceline.


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## haypoint (Oct 4, 2006)

Katiebug said:


> LOL Not much out there on the subject matter. That, and I didn't look at the dates until I commented. Then thought, Oh well, who cares, still pertinent info...


It is indeed odd thatb your neighbor would run an electric fence, "hot wire" in your property. That he also ran it across a driveway, sounds like you have a survey dispute. I'll bet he is crurely showing you where the line really is. Do you have a survey and survey stakes? Sounds like you will need them. 
It doesn't matter if you own 1/4 acre or 1000 acres, a few inches matters.


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## rambler (Jan 20, 2004)

I don’t really understand the original situation, if the fence posts are on the actual property line they are kinda then to be used by both and maintained by both neighbors, so I think there would have been a quieter way to handle whatever was going on there. New neighbor coulda discussed it before attaching to the existing posts, but pretty bold of the old neighbor to come in guns a blazing about it, be thankful you have a new neighbor who tries to care about fencing. If the posts weren’t on the line, or some other consideration, then never mind but I didn’t see any of that?

as to the new deal, there must be a mixup of who thinks the line is where, and that needs to get sorted out. Can’t leave a fence cutting off some of your property. It mighttake so dollars to defend your property line, but that is the cost of ownership and caring for theland, if you can’t talk it out with the new neighbor a survey is in order. Sucks but that’s how it is. it’s nice if you can start out discussing it calmly and see what’s going on, instead of walking over with a shotgun in hand blasting in the air every 10 seconds and screaming loudly from the first sight..... save that for later on if needed.

paul


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## Danaus29 (Sep 12, 2005)

rambler said:


> I don’t really understand the original situation, if the fence posts are on the actual property line they are kinda then to be used by both and maintained by both neighbors, so I think there would have been a quieter way to handle whatever was going on there.



A lot depends on state law. In Ohio a neighbor is not allowed to use your posts without paying you for the materials and doing half the maintenance. And it depends on how much state fence laws have changed in the 15+ years since this post was created.

But this is a moot point. The OP made only 6 posts and hasn't logged on in years. If their issue was resolved they never came back to update the thread.


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