Fences and Neighbors

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  • mikebol

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    My neighbor across the street is dealing with this situation now... (subdivision setting, Southern Hancock county, county limits)

    So the lady neighbor directly across from me decides to replace her existing fence with a nice plastic one. It's not cheap, plastic posts with decorative caps and all that, 5' tall or so. She mentions to me prior to putting it up that she believes her property lines are wider (by a few feet) than the previous fence that's installed. I'm not sure how she arrived at this conclusion, maybe she had a survey done or found the property line pegs; long story short she now believes she's placed the NEW fence on the property lines maximizing her duly owned property.

    Said neighbor lady now has property taxes due and is seeking funding from both neighbors to pay half of the cost of the adjoining fence along the property line. We'll skip the part where shouting ensued and the police were called.

    My questions:

    1) In Indiana, does the originator of the fence construction have a right to seek payment for half of the adjoining fence regardless of the adjoining neighbor agreeing to this modification?

    2) If the adjoining neighbors tie into the new fence, are the adjoining neighbors required by some Indiana law to pay for half? I know some states have this on the books but could not find this in the Indiana building codes.

    3) Isn't there a 6" setback requirement on property lines unless you have the written approval of the adjoining property owner? I believe I found this in the Indiana building codes but want to confirm.

    4) If the new fence is ON the adjoining property owners property, what is a suitable course of action?

    5) Bacon?

    What say INGO?

    Mike
     

    hopper68

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    I had a neighbor decide the old chainlink fence between us needed replacing with a wooden privacy fence. He thought since we did not know whose fence it was (I just bought 4 month prior and he 3 months prior) that he would just rip up the old fence and I would help pay for all of it. I pointed out the chainlink went all the way around my property, so I had a fence and would not pay for his fence. His jaw dropped and he sulked away.

    The neighbor on his other side said you want a fence, you pay for it.
     

    GodFearinGunTotin

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    Seems like I remember reading that yes, two ajoining property owners are responsible for a fence that extends from the center of the property line to the right of where each owner would be standing with their backs to the other property...but I think that applies to rural/farm settings. I think there's language in there about it being able to restrain hogs and maybe other types of live stock. I also think there's language in there about how to resolve it if one of the owners doesn't want the fence or can't/won't cooperate. I'm not sure how/if that applies to a "city" setting.
     

    CountryBoy19

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    Indiana does have a "pay half" law, that being said, it's generally regarded as a livestock fence, where miles of fence would be installed and both land-owners would make use of it. Privacy fence generally doesn't count. We had this situation with the neighbor of a friend several years ago. Friend put a pond in, neighbor's decided they needed a fence to keep their kids from crossing the property line and drowning in the pond, they installed it, and then tried to charge the friend for half. He refused, they sued, it went to court, and court told the fence-installing neighbors to go pound sand. That being said, IIRC from the fence law, if the 2 adjoining landowners cannot decide one what type of fence to install their is a "standard livestock fence" that must be installed and anything above and beyond that standard fence must be paid for by the landowner that desires that type of fence. The "standard" fence is a woven wire fence with a strand of barbed wire on top, the posts are to be 1 wood, and 3 or 4 metals, followed by another wood, and so-on. I'm guessing that your neighbor didn't install that "standard livestock fence"?
     

    mikebol

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    Indiana does have a "pay half" law, that being said, it's generally regarded as a livestock fence, where miles of fence would be installed and both land-owners would make use of it. Privacy fence generally doesn't count.

    And that's what I'm trying to confirm. One of the adjoining neighbors, an older couple, are retired and did not want the fence. In fact they had a perfectly good fence up that the fence installing neighbor said was "on her property" and summarily removed.

    We had this situation with the neighbor of a friend several years ago. Friend put a pond in, neighbor's decided they needed a fence to keep their kids from crossing the property line and drowning in the pond, they installed it, and then tried to charge the friend for half.

    Similarly, the fence installing neighbor in this case has an in-ground pool. By code, she is required to have a 5' or higher fence around the pool area with appropriate gate hardware.

    The "standard" fence is a woven wire fence with a strand of barbed wire on top, the posts are to be 1 wood, and 3 or 4 metals, followed by another wood, and so-on. I'm guessing that your neighbor didn't install that "standard livestock fence"?

    Yea, I'm very familiar with farm fencing. This is very nice plastic panels that were installed. The one neighbor had a chain link fence that had to be moved while the other neighbor had a wood shadow box privacy fence.
     

    mikebol

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    Seems like I remember reading that yes, two ajoining property owners are responsible for a fence that extends from the center of the property line to the right of where each owner would be standing with their backs to the other property...but I think that applies to rural/farm settings. I think there's language in there about it being able to restrain hogs and maybe other types of live stock. I also think there's language in there about how to resolve it if one of the owners doesn't want the fence or can't/won't cooperate. I'm not sure how/if that applies to a "city" setting.

    This is how I remember it as well, applied to farm fences where livestock share a common "barrier" if you will. I don't see anything on the books for fencing in a residential setting.

    Mike
     

    CountryBoy19

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    And that's what I'm trying to confirm. One of the adjoining neighbors, an older couple, are retired and did not want the fence. In fact they had a perfectly good fence up that the fence installing neighbor said was "on her property" and summarily removed.



    Similarly, the fence installing neighbor in this case has an in-ground pool. By code, she is required to have a 5' or higher fence around the pool area with appropriate gate hardware.



    Yea, I'm very familiar with farm fencing. This is very nice plastic panels that were installed. The one neighbor had a chain link fence that had to be moved while the other neighbor had a wood shadow box privacy fence.

    If she is required to have a fence because of the pool and that fence is the fence she is using for the pool then I say she can go pound sand. No judge in his right mind is going to rule against the elderly couple in that situation...
     

    Cameramonkey

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    Another vote for "fence replacer can pound sand" Just because you WANT to upgrade, doesnt mean you can force your neighbor to share the cost. Cattle fencing is one thing, neighborhood fencing is another animal altogether.

    Several years ago our neighbor decided they didnt like the shape their chain link fence was in. So over the course of several weekend, they repainted it all with rustoleum. including the shared section. They didnt ask us to chip in. I might have because they did a good job, but it wasnt necessary so they didnt.
     

    nra4ever

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    You don't have to pay for her fence. There is no set back unless it's in your subdivision covenants. You can tie right on no problem. When ever I buy any property I have a pin survey done. They will set pins as needed to easily Mark your property. That generally easily solves disputes. If a fence is up over ten years that sets the new property line by adverse possession. You may have a new property line if ur lucky! You need to assert your rights to get it.
     
    Last edited:

    T.Lex

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    The people need to talk to a lawyer.

    If its a subdivision, and there's zoning involved, I'd bet dollars to donuts there are setback issues. They could be remedied with a variance or re-plat, but it isn't really a legaldoodle.com kind of thing.

    Adverse possession is complicated, and better to get out in front of it to prevent it, or use it to your advantage.

    Too many variables to capture the "right" answer in this venue.
     

    mikebol

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    You don't have to pay for her fence. There is no set back unless it's in your subdivision covenants. You can tie right on no problem. When ever I buy any property I have a pin survey done. They will set pins as needed to easily Mark your property. That generally easily solves disputes. If a fence is up over ten years that sets the new property line by adverse possession. You may have a new property live if ur lucky! You need to assert your rights to get it.

    We have pins in our neighborhood and I've had that done to my property with success. However, the property line between the fence builder and the older couple is a bit irregular; I'm not sure if there are pins to indicate where the angles begin\end. The adjoining older couple is going to have a pin survey done to determine the actual property line and hopefully push the fence back to where it belongs and avoid paying for a fence they never wanted.

    This was what I had found on the set-back:

    From https://in.gov/dhs/files/TITLE_15_LAND_USAGE_revision_1(1).pdf, Section 154.056, item D

    (D) All fences shall be constructed not closer than six inches to the property line, and it shall be
    the applicant/property owners= responsibility to determine the location of all property lines prior to
    installation of any fence. The Building Commissioner may reduce the six inch property line setback
    dimension for the location of the fence upon presentation of written consent and approval by any and
    all abutting property owners by the applicant;

    Mike
     

    CountryBoy19

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    You don't have to pay for her fence. There is no set back unless it's in your subdivision covenants. You can tie right on no problem. When ever I buy any property I have a pin survey done. They will set pins as needed to easily Mark your property. That generally easily solves disputes. If a fence is up over ten years that sets the new property line by adverse possession. You may have a new property line if ur lucky! You need to assert your rights to get it.
    Adverse possession isn't that simple. IIRC it's only 7 years, you have to be caring for the property at the owner's knowledge (the owner has to know that it's their property and that you're "possessing" it), and you have to pay the property taxes during that time.
    We have pins in our neighborhood and I've had that done to my property with success. However, the property line between the fence builder and the older couple is a bit irregular; I'm not sure if there are pins to indicate where the angles begin\end. The adjoining older couple is going to have a pin survey done to determine the actual property line and hopefully push the fence back to where it belongs and avoid paying for a fence they never wanted.

    This was what I had found on the set-back:

    From https://in.gov/dhs/files/TITLE_15_LAND_USAGE_revision_1(1).pdf, Section 154.056, item D



    Mike

    Good! I hope they get a resolution that is good for them. Maybe they get a new fence + damages for removal of the old one!!!
     

    nra4ever

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    The taxes is not a problem with small neighborhood properties like this. It's been settled in case law. The taxes won't be an obstacle. I would claim it. Who mows on ur side of the fence. Is the neighbor ever allowed to use or enjoy your side of the fence. Stick it to he since she wants to be difficult.
     
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