Are you LEGALLY responsible to pay for half of the fencing repairs on your property?

[Hkindiana]

I live in the country, and one of my property lines is adjacent to my neighbors cow pasture. Twenty years ago I did half the labor, and paid for half of the materials to put up the fence between him and I.

Long story short, HIS cattle have damaged the fence, and he wants me to pay again for half of the repair/replacement of the fence. I am getting no benefit from the fence other than it keeping his cattle off of my property. Am I LEGALLY obliged to pay for half of the fence?

 

[jeremy]

Yup...

 

[public servant]

Let his cattle wander onto your property...and then have a steak...

Or...if you can prove his cattle damaged the fence...take it to small claims court.

I like the steak idea better...

 

[Scutter01]

That's why I never build right on the property line. That way, there's no question over who owns it.

 

[gunman41mag]

I won't pay for the freaking fence,

 

[LeeStreet]

There are specific zoning laws that regulate your problem. Check with your County Plan Commission, or your Township Trustee.

 

[badwolf.usmc]

In south Bend, you are suppose to build any fence a certain distance fro mthe edge of property so it is known who owns which fence. In my back year, one neighbor has a chain linked fence and the other has a privacy fence. The previous owners of the house i'm in put up privacy fence to connect to each of the neighbors' fences, so while i only own about half the fence that is around yard, it is completely fenced in. It isn't legal but they don't complain.

I've done repairs on my neighbor's fences in the past because we share them and i try to be a nice guy to them, seems like the right thing to do. Don't know what your situation with your neighbor is though. What is more important to you, the money/time or his good will?

 

[Hkindiana]

In south Bend, you are suppose to build any fence a certain distance fro mthe edge of property so it is known who owns which fence. In my back year, one neighbor has a chain linked fence and the other has a privacy fence. The previous owners of the house i'm in put up privacy fence to connect to each of the neighbors' fences, so while i only own about half the fence that is around yard, it is completely fenced in. It isn't legal but they don't complain.

I've done repairs on my neighbor's fences in the past because we share them and i try to be a nice guy to them, seems like the right thing to do. Don't know what your situation with your neighbor is though. What is more important to you, the money/time or his good will?

I never speak to him, as he lives two miles away. The fence in question will be 1/2 mile long, so it won't be cheap.

 

[MinuteMan47]

Put it off, once he starts having to chase his cows he might change his mind.

 

[Hkindiana]

Yup...

Did you just pull that answer out of your butt, or do you know where it is WRITTEN that I have the obligation to pay for the fence?

 

[MinuteMan47]

Did you just pull that answer out of your butt, or do you know where it is WRITTEN that I have the obligation to pay for the fence?

I don't think you have to.

If it was, it would be specific to your county. So, you need to call and find out on your own. But, it would be ridiculous if they MADE EVERYONE put up farm fence to separate ALL the properties in the county. Why should you have to have a fence?

I know farmers have shared the cost, and done it that way for years, because like you said a lot of properties would cost an arm and a leg to fence in.

 

[85t5mcss]

There are specific zoning laws that regulate your problem. Check with your County Plan Commission, or your Township Trustee.

This. Just because of the cattle roaming free. If the law states u r responsible for half and u do not take care of it, does that mean u r responsible for loss of cattle? Too easy to make that phone call and get the answers first.
IMHO

 

[grimor]

Indiana Farm Fence Laws
IC 32-10 seems to come up as repealed http://www.in.gov/legislative/ic/code/title32/ar10/ch1.html ...

this seems like it might be relevant
http://www.in.gov/legislative/bills/2000/IN/IN0101.1.html
says if you haven't had livestock for 5 years, it's his bill, not yours.

of course I can't bring up the referenced IC.... and I have no clue what P.L.2-2002, SEC.128. is

 

[Hkindiana]

Indiana Farm Fence Laws
IC 32-10 seems to come up as repealed Indiana Code 32-10-1 ...

this seems like it might be relevant
Introduced Version, Senate Bill 0101
says if you haven't had livestock for 5 years, it's his bill, not yours.

of course I can't bring up the referenced IC.... and I have no clue what P.L.2-2002, SEC.128. is

Boy, the wording is VERY confusing, but THANKS for posting this.

 

[grimor]

Boy, the wording is VERY confusing, but THANKS for posting this.

If the SB became law, then you shouldn't be responsible for the fence if you haven't had livestock in 5 years. At least the way I read it. I just can't find any record anywhere of the mentioned codes that were changed so maybe the whole fence thing is a "figure it out yourself" thing now...

SECTION 3. IC 32-10-9-2.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2.1. (a) An owner of a tract of land who does not keep livestock on the owner's tract of land is not liable for any of the costs incurred by the owner of an adjoining tract of land in constructing, reconstructing, or repairing a partition fence between the adjoining tracts of land unless subsection (b) applies.
(b) This subsection applies only if:
(1) the owner of a tract of land keeps livestock on the owner's tract of land more than twenty (20) days in any year in the first five (5) years after the construction, reconstruction, or repair of a partition fence is completed; and
(2) the tract of land described in subdivision (1) is separated
Of course, since I can't find any mention of IC 32-10-9 maybe this SB never made it to law, but does anyone know wth P.L.2-2002, SEC.128 is?

 

[snowman46919]

I don't know about current law but when our fence was put up and comes up for maintenance adjacent property owners have paid half. When the property owner adjacent to our back 40 wanted a fence put up we were required by law to pay half. As far as those saying you would kill livestock that comes on to your property enjoy your jail time and fines that is illegal and I do not much appreciate the comments as a livestock owner, you wouldn't want me shooting anything of yours if it wondered on to my property. Seems a bit disrespectful to me but what do I know

 

[singlesix]

I don't know about current law but when our fence was put up and comes up for maintenance adjacent property owners have paid half. When the property owner adjacent to our back 40 wanted a fence put up we were required by law to pay half. As far as those saying you would kill livestock that comes on to your property enjoy your jail time and fines that is illegal and I do not much appreciate the comments as a livestock owner, you wouldn't want me shooting anything of yours if it wondered on to my property. Seems a bit disrespectful to me but what do I know

Did the adjacent owner have livestock?

 

[Hkindiana]

I don't know about current law but when our fence was put up and comes up for maintenance adjacent property owners have paid half. When the property owner adjacent to our back 40 wanted a fence put up we were required by law to pay half. As far as those saying you would kill livestock that comes on to your property enjoy your jail time and fines that is illegal and I do not much appreciate the comments as a livestock owner, you wouldn't want me shooting anything of yours if it wondered on to my property. Seems a bit disrespectful to me but what do I know

I remember a few years back a farmer shot a neighbors dog who was on his property, and the sheriff said that there was nothing he could do about it since the farmer was within his rights for shooting the trespassing dog.

About a month later the farmers prize BULL broke through the fence and was in the dog owners pasture. The dog owner took out his rifle and took one carefully aimed shot, then he called the farmer to come pick up his "STEER" (steer: a castrated bull)!!!

 

[snowman46919]

Did the adjacent owner have livestock?

No he has crops, and gets drunk and sits in his tree stand with his class 3 weapons and scares the hell out of me.

I remember a few years back a farmer shot a neighbors dog who was on his property, and the sheriff said that there was nothing he could do about it since the farmer was within his rights for shooting the trespassing dog.

About a month later the farmers prize BULL broke through the fence and was in the dog owners pasture. The dog owner took one shot and called the farmer to come pick up his "STEER"!!!

Bad blood leads to bad blood.

 

[badwolf.usmc]

I never speak to him, as he lives two miles away. The fence in question will be 1/2 mile long, so it won't be cheap.

Legally, I don't know if you are required to pay for half the fence since both his cattle damaged the fence and the fence is keeping his cattle in. But it does keep his cattle off your property as well so you do gain some benefit from the fence.


Personally, if his cattle damaged the fence then he should pay for the damages, but i would offer to help him fix it, since you do have to live next to each other and you never know when you may need help his help. If that wasn't good enough for him then you need to decide how important it is to keep his cattle off your property.