# Is your neighbor expected to pay?



## round_rock_ray (Feb 7, 2015)

I looking at buying 2 cows and 2 calfs and I need to put up 2900 feet of 4 strands of high tension wire. 

Is my neighbor expected to pay half? And if so how would I approach him about it? I'm getting estimates of $5 a foot which seem high :-/ and what if he doesn't want to pay?


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## painterswife (Jun 7, 2004)

I think in Texas it is who is using the fence. So you pay.


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## jwal10 (Jun 5, 2010)

Here, only if he has livestock/or wants a fence. If they don't you are on your own. Stand at mid point looking toward the neighbor, your part is the half to your right. Later if he wants to "use" your fence, he pays you 1/2 the cost, or puts up "his" own fence. I always worked together, each doing 1/2 the work and paying half.....James


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## ForestToFarm (Feb 28, 2016)

Is this even a thing or law in some places? I would never have even considered expecting someone else to pay for a fence that I needed for my own use. Making them pay for 1/2 does not even compute for me, lol. 

I am really curious to see how this develops.

If it were a mutual desire and we both wanted it I could see sharing the cost because we both agreed. 

Its gonna take a while for this to sink in, lol. I am going to fix my neighbors fence that is shared between our properties but only because I chose to and he is old. If he tried to make me help I would tell him to go pound rocks! LOL!


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## wy_white_wolf (Oct 14, 2004)

Texas is an Open Range/Fence out state. But Stock laws vary by the county. Check with your local extension agency for the rules that pertain to you.

WWW


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## haypoint (Oct 4, 2006)

In Michigan there is a little known/ seldom used law about fences. If you put up a fence and neighbor buys livestock, uses your fence, they have to pay a pro-rated yearly amount. I think it amounts to 1/20 of half the cost of the fence. Assuming a fence lasts 20 years and you both use the fence. It is treated like the neighbor is renting half the fence, so the fence builder is responsible for the upkeep.


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## Fishindude (May 19, 2015)

In my state a property line fence is legally a 50/50 cost split between the adjoining land owners. Typically however, the landowner that needs the fence just goes ahead and installs and maintains it, rather than forcing an unnecessary expense on a good neighbor.


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## Bellyman (Jul 6, 2013)

So that kinda begs the question of how close to the property line a fence can be where it is absolutely NOT the neighbors fence, nor do they have any right or expectation that the fence is for their use, nor do they have any recourse if I decide to later remove my fence, their convenience notwithstanding.

I can see instances where an owner may want a fence inside of his property line by maybe 6' or 10' or some other distance that makes sense to them, so that they are able to maintain an area on both sides of the fence entirely on their property. They might even mark the property line clearly without an actual fence directly on the property line. Having had to maintain some horse fence for a number of years in a previous century, the fences were placed such that I could get a tractor with a 6' mower on the back in between the property line and the fences in most places. I liked that.


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## itsb (Jan 13, 2013)

I am not even going to question what the LAW is, its a comnon sense thing. HOW would act if the table was turned and you had no livestock and your neighbor came to you and said (hey I want cows you have to pay half for fence so I can have cows) LOL. Now if both use the fence then yes


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## haypoint (Oct 4, 2006)

Bellyman said:


> So that kinda begs the question of how close to the property line a fence can be where it is absolutely NOT the neighbors fence, nor do they have any right or expectation that the fence is for their use, nor do they have any recourse if I decide to later remove my fence, their convenience notwithstanding.
> 
> I can see instances where an owner may want a fence inside of his property line by maybe 6' or 10' or some other distance that makes sense to them, so that they are able to maintain an area on both sides of the fence entirely on their property. They might even mark the property line clearly without an actual fence directly on the property line. Having had to maintain some horse fence for a number of years in a previous century, the fences were placed such that I could get a tractor with a 6' mower on the back in between the property line and the fences in most places. I liked that.


I bought 80 acres. The only survey was the section marker, 1/4 mile to the east and 1/2 mile to the west. To the west was an old homestead, 80 acres, and at one time my 80 and this 80 was owned by one person.

There was an old fence along my west property line, but not much left of it. I cleaned it up, pulled the wire out of the ground, pulled the old wooden posts and filled the holes. 

Before I put up a new fence, I paid a surveyor. This section is not a full mile square, it is 60 feet short of a mile. The surveyor set the property line 30 feet west of where the old fence had been. I gained 30 feet. If there had been an established fence there, the property line would follow the established line and I'd be out a strip 30 feet wide and 2680 feet long.

With that said, I'd be careful about setting a fence back from my property line. Allowing others to use your land can lead to adverse possession.


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## Bellyman (Jul 6, 2013)

haypoint said:


> I bought 80 acres. The only survey was the section marker, 1/4 mile to the east and 1/2 mile to the west. To the west was an old homestead, 80 acres, and at one time my 80 and this 80 was owned by one person.
> 
> There was an old fence along my west property line, but not much left of it. I cleaned it up, pulled the wire out of the ground, pulled the old wooden posts and filled the holes.
> 
> ...


I understand about not allowing others to use your land as though they own it. (Been there, done that.)

So in a case where you really do want a buffer zone on the outside of your fence, would setting up even a minimal, single strand wire fence right on the property line be sufficient to say, "This is MY land", such that the larger inside fence wouldn't be mistaken for the property line?


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## alleyyooper (Apr 22, 2005)

Michigan law.

* 43.53 Payment for construction and maintenance of fence; compensation for use of fence by​ adjoining property owner; constructing fence in lieu of compensation.​* Sec. 3.​ (1) The owner of real property who constructs a fence shall pay for the construction and​ maintenance of that fence.​ (2) If an adjoining property owner or a tenant using the property of the adjoining property​ owner uses or begins to use the fence for purposes of restraining or containing animals the​ adjoining property owner or tenant shall compensate the owner of the real property who​ constructed the fence for the adjoining property owner's proportionate share of the current​ value of the fence as determined by the parties and based upon the adjoining property owner's​ use of the fence. In the alternative, the adjoining property owner may construct his own fence.​* 43.54 Fence viewer; appointment; term; request and payment for services; advance notice;​ compensation.​* Sec. 4.
 (1) The township board in each township shall appoint not less than 1 resident of the township,​ who may be a township trustee, as a fence viewer. The person or persons appointed shall serve​ at the pleasure of the township board. The governing body of a city or village shall appoint a​ fence viewer only under section 6(2).

 (2) A person may engage a fence viewer upon written request and upon the payment of $25.00​ to the township treasurer or to the city or village treasurer under section 6(2) for each day that​ the fence viewer's services are needed. The fence viewer shall notify in writing the person who​ made the request and the owner or owners of the property to be viewed not less than 5 days​ before the date on which the fence viewer will render his or her services. The fence viewer​ shall be compensated 80% of the amount received by the township treasurer or city or village​ treasurer under section 6(2) when the requested service has been performed.​* 43.55 Fence viewer; duties; notice of decision; boundary disputes; appeal.​* Sec. 5.​ (1) If engaged under section 4(2), a fence viewer shall do 1 or more of the following:​ (a) Determine if a property owner or tenant in possession of property is using a fence​ constructed or maintained by an adjoining property owner, and if so, what percentage of the​ cost of construction and maintenance of the fence the property owner or tenant using the fence​ is responsible for.​ (b) Assess the amount of damage if an animal of a property owner or of a tenant in possession​ of property causes damage to an adjoining property owner's fence.​ (2) Not more than 7 days after a fence viewer renders a decision under subsection (1), the fence​ viewer shall notify in writing the appropriate property owners or tenant of that decision.​ (3) A fence viewer is not charged with the responsibility of settling boundary disputes or​ determining the location of a boundary. Boundary disputes shall be settled and boundaries​ determined pursuant to state law.​ (4) A person may appeal the decision of a fence viewer to a court of competent jurisdiction


ECT, ECT,

 Al


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## ForestToFarm (Feb 28, 2016)

Bellyman said:


> I understand about not allowing others to use your land as though they own it. (Been there, done that.)
> 
> So in a case where you really do want a buffer zone on the outside of your fence, would setting up even a minimal, single strand wire fence right on the property line be sufficient to say, "This is MY land", such that the larger inside fence wouldn't be mistaken for the property line?


I was thinking a similar thought but I thought about just putting posts at the corners and then maybe one every so far along the line. Then maybe put a piece of PVC pipe over each to make them more visible and less chance of someone getting hurt on one. Then have a road around the outside as suggested above. You could patrol the fence easily that way and have good access to your fence should it need repair.


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## haypoint (Oct 4, 2006)

alleyyooper said:


> Michigan law.
> 
> * 43.53 Payment for construction and maintenance of fence; compensation for use of fence by​ adjoining property owner; constructing fence in lieu of compensation.​* Sec. 3.​ (1) The owner of real property who constructs a fence shall pay for the construction and​ maintenance of that fence.​ (2) If an adjoining property owner or a tenant using the property of the adjoining property​ owner uses or begins to use the fence for purposes of restraining or containing animals the​ adjoining property owner or tenant shall compensate the owner of the real property who​ constructed the fence for the adjoining property owner's proportionate share of the current​ value of the fence as determined by the parties and based upon the adjoining property owner's​ use of the fence. In the alternative, the adjoining property owner may construct his own fence.​* 43.54 Fence viewer; appointment; term; request and payment for services; advance notice;​ compensation.​*Sec. 4.
> (1) The township board in each township shall appoint not less than 1 resident of the township,​ who may be a township trustee, as a fence viewer. The person or persons appointed shall serve​ at the pleasure of the township board. The governing body of a city or village shall appoint a​fence viewer only under section 6(2).
> ...


Thanks for verifying my earlier post. Did you know this law existed or just go searching for it?


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## LuckySpotFarm (Sep 11, 2016)

In my opinion it would really depend on if the neighbor intends to use it or not. If they also wanted livestock and it was beneficial to you both then maybe see if they wanted to pay a portion of it. 

I personally fenced our backyard area for the kids (they're both under 3) and our three huskies. When we did we purposely chose to keep about a 5-10 foot buffer from the property line. That way down the road if my neighbors decide to get animals I don't have to worry about their wear and tear on our fence and I have 100% say in how it is maintained. I plan to also maintain the perimeter as far as mowing and such but this also gives us space if we want to walk the edges of the property without having to worry about going into gates.


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## melli (May 7, 2016)

LuckySpotFarm said:


> In my opinion it would really depend on if the neighbor intends to use it or not. If they also wanted livestock and it was beneficial to you both then maybe see if they wanted to pay a portion of it.
> 
> I personally fenced our backyard area for the kids (they're both under 3) and our three huskies. When we did we purposely chose to keep about a 5-10 foot buffer from the property line. That way down the road if my neighbors decide to get animals I don't have to worry about their wear and tear on our fence and I have 100% say in how it is maintained. I plan to also maintain the perimeter as far as mowing and such but this also gives us space if we want to walk the edges of the property without having to worry about going into gates.


I agree...talk to neighbor about your desire to put up a fence (don't tip your hand per se). Who knows, they may want one too. 

I'm in the same boat as Lucky, I want control of fence, PLUS, I want to have a high fence, which would be illegal if I put it on property line (max height is 5ft or so). If I bring it in 5ft (1.5m), I can go to 7 ft, as I am no longer under the purview of local ordinances. Also, I like the idea of being able to access both sides of fence for repairs etc. 

In BC, one of the few places in Canada, we have no squatter rights, so it doesn't matter where the fence is, we will always own the land outside fence (that is, if someone builds or takes up residence on our land, we have no time limit in which to kick them off).


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## 1948CaseVAI (May 12, 2014)

I do not care a whit about the law, but if my neighbor presented me with a bill for over $7,000 (2900 feet at $5 per divided by 2) for something I did not request nor approve, I would be ballistic. I think my days as a good neighbor would be immediately over!


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## round_rock_ray (Feb 7, 2015)

I think I'm just foot the bill and put the fence 1 foot away from the survey line....

Thanks y'all for all the helpful advice &#55357;&#56397;


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## fordy (Sep 13, 2003)

round_rock_ray said:


> I think I'm just foot the bill and put the fence 1 foot away from the survey line....
> 
> Thanks y'all for all the helpful advice &#55357;&#56397;


 ............Face your Tposts to Your side of the fence..........so you will always be standing on YOUR property when you need to repair or replace the fence wire . , fordy


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## Elevenpoint (Nov 17, 2009)

round_rock_ray said:


> I think I'm just foot the bill and put the fence 1 foot away from the survey line....
> 
> Thanks y'all for all the helpful advice &#65533;&#65533;


A bit tricky... you could approach the neighbor and see what he/she thinks.
They might say no, they don't have plans for livestock.
Then the week after the fence is up, they get cows.
My farm was fenced when I bought it, about 6500', I have always maintained it, replaced quite a bit, never asked the neighbors to pitch in for material or labor, nor was it ever offered. One of my oddball things I enjoy, fixing and maintaining fence.


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## texican (Oct 4, 2003)

I'm in TX. You want a fence and your neighbor doesn't, you pay. If both own livestock, it's both party's responsibility to build and repair.

Decade ago, had a new neighbor wanting me to pay for half of a fence.... I declined... he didn't have livestock, and my pine trees weren't going to wander. Being a city slicker, thought a fence would keep someone 'out'.... not knowing everyone worth their salt, carries 'leathermen'... and gates and fences only stop honest folk.

Adjoining my parent's place, an oldtimer asked his neighbor to pay for a fence, and the neighbor declined. He built the fence six inches in on his side, so all of the fence belonged to him. Once the great fence was up, the neighbor put cattle in. And the neighbor who paid for the fence promptly told him, he'd not tolerate trespass (estoppel) on his land. After a dead cow, that trespassed, the neighbor coughed up half the costs.

On my other neighboring boundary fences, I either help with the wire, or the labor, when building or repairing, if my livestock has access to that area....


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