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

[snowman46919]

Also for what it's worth deer do far more damage to fence lines than our cattle ever have.

 

[cbseniour]

Indiana is an open range state meaning that if a farmers animals venture off his property he can not be held responsible for damages unless " and this is the big one" neglegence can be proven. Often times this means showing that the fence is his, that he failed to maintain the fence properly and multiple incidents of intrusion of his animals onto other properities.
If in fact the fence is on his property not the property line you have no obligation to participate in repair of the fence and you may be able to recover damages from him for what ever damage his cattle may have caused to your property.

I am not a lawyer and do not play one on the internet. This is information and knowledge I gained while working farm claims not in any way to be construed as legal advise.


See a lawyer.

 

[public servant]

I do not much appreciate the comments as a livestock owner

(*)

Sorry...I like steak.

 

[eldirector]

Maybe this will help:
Indiana Code TITLE 32, Article 26 Table of Contents
Indiana Code 32-26-9

IC 32-26-9-1
Existing fences
Sec. 1. A fence that is used by adjoining property owners as a partition fence, unless otherwise agreed upon by the property owners, is considered a partition fence and shall be repaired, maintained, and paid for as provided under this chapter.
As added by P.L.2-2002, SEC.11.
IC 32-26-9-2
Lands outside or abutting municipal boundary
Sec. 2. (a) The owner of a property that:
(1) is located outside;
(2) abuts; or
(3) is adjacent to;
the boundary of the corporate limits of a town or city shall separate the owner's property from adjoining properties by a partition fence constructed upon the line dividing or separating the properties regardless of when the properties were divided.
(b) Except as otherwise provided in this chapter, and if a division of the partition fence has not been made between the property owners for the building, repairing, or rebuilding of the partition fence:
(1) for a partition fence built along a property line than runs from north to south:
(A) the owner whose property lies to the east of the fence shall build the north half of the fence; and
(B) the owner whose land lies to the west of the fence shall build the south half of the fence; and
(2) for a partition fence built along a property line that runs from east to west:
(A) the owner whose property lies north of the fence shall build the west half of the fence; and
(B) the owner whose property lies to the south of the fence shall build the east half of the fence.
(c) Notwithstanding subsection (b), if either property owner has constructed one-half (1/2) of a partition fence that is not the portion
required under subsection (b) and has maintained that portion of the partition fence for a period of not less than five (5) years, the property owner may continue to maintain the portion of the fence.
(d) If a property owner fails to build, rebuild, or repair a partition fence after receiving notice under this chapter, the township trustee of the township in which the property is located shall build, rebuild, or repair the fence as provided under this chapter.
As added by P.L.2-2002, SEC.11.

At first blush, both property owners appear to be responsible for half of the fence. Not quoted here, but in the same section, a property owner who fails to repair a fence can be charged by the county for the cost of the repair.

Follow the links above for more info, and then consult with a lawyer!

 

[mms]

so this is all news to me but i now have some questions.

state law says that if a fence is on the property line cost must be split

what if you cant afford to build a fence at that moment

lets say you go out buy a house with some property, 2 weeks later your nabor comes over says he wants a fence on the properly line... are you instantly obligated to pay half with no say in the matter ? what if you dont have money?

or do you have the option of saying no then he has to build it on his side of the line?

if it has to be entered in mutually i can understand i can also understand if you buy property that this has already been done it would be a cost of onwership that must be factored in

but for them to just basically walk up and hand you half a bill and nothing you can do about it is BULL

can some one clarify this for me

 

[96firephoenix]

are any parties involved named Hatfield or McCoy? if so, then pay up and shut up. if not, try to talk to your neighbor about it, and try to come to an agreement. I know its still paying a lot for a 1/2 mile fence, but he might be amiable to an offer to only pay 1/4 the cost of repairs as it is only there to keep HIS cattle in check.

cbseniour, do you know any relevant IC for your post? I think you are correct, but without seeing the code, no one knows for sure.

 

[Hkindiana]

Indiana is an open range state meaning that if a farmers animals venture off his property he can not be held responsible for damages unless " and this is the big one" neglegence can be proven. Often times this means showing that the fence is his, that he failed to maintain the fence properly and multiple incidents of intrusion of his animals onto other properities.
If in fact the fence is on his property not the property line you have no obligation to participate in repair of the fence and you may be able to recover damages from him for what ever damage his cattle may have caused to your property.

I am not a lawyer and do not play one on the internet. This is information and knowledge I gained while working farm claims not in any way to be construed as legal advise.


See a lawyer.

If you put a fence entirely on your property, then after ten years, through adverse possession, your adjacent land owner will own the strip of land up to the fence, making that the new property line. In Indiana, according to code, line fences should be ON the property line.

 

[66chevelle]

My buddies dad had the same issue last year. His neighbor wanted to redo the fence that was on the property line and my buddies dad was court ordered to pay half of it. He told me that there was some law on the books in Hancock county that said if the fence was there for X numbers of years and it is a property boundary than both parties had to split the price of the fence. My buddies dad does have a horse and so do the people that wanted to replace the fence so maybe that came into play and he didn't tell me that part but he had to pay to replace about 3/4 of a mile of fence and it cost him a bunch of money. Needless to say my buddies dad will not speak to his neighbor anymore.

 

[snowman46919]

(*)

Sorry...I like steak.

Didn't say I was butthurt just said it seemed disrespectful. If I was butthurt you'd have known it.

 

[eldirector]

state law says that if a fence is on the property line cost must be split

If you and/or your neighbor is zoned agricultural, then that is the way I read this. One of the expenses of living in the country, I guess.

Now, the law also provides the ability for you and your neighbor to come to some other agreement (in writing). I believe you can agree to not even have a fence. This must be the case, as VERY few fields are fenced around here - just the ones with livestock.

 

[public servant]

Didn't say I was butthurt just said it seemed disrespectful. If I was butthurt you'd have known it.

You're one of them damned vegetarians...aren't you?

 

[snowman46919]

You're one of them damned vegetarians...aren't you?

I'm gonna go with no

 

[public servant]

 

[snowman46919]

no thanks that looks like "factory beef" mine is free range no drugs no roids except the minimum required to be safe such as immunizations required for sale barn.

 

[public servant]

no thanks that looks like "factory beef" mine is free range no drugs no roids except the minimum required to be safe such as immunizations required for sale barn.

Sweet Mother of God...you give your cows vaccines???

 

[rjstew317]

Sweet Mother of God...you give your cows vaccines???

Where's Rambone when you need him?

 

[grimor]

Vaccines make retarded cows, now we know why they can't seem to carry on a decent conversation...

 

[jeremy]

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 did not have time early to Research the Relevant IC for You...
I had Farm Chores that needed Doing. And several Others have come along and posted it up for you. Now that is left for you to do is Contact your County and Discuss what else from them may pertain to the Situation. That and Contact a Lawyer.

IF a fence is properly maintained it will last for Decades quite easily. If you are living in a Rural Area and are not putting Monies aside for Fencing (Installation & Repairs) that is something that needs corrected. After all you do save Monies aside for Home Repairs and Other Property Maintenance right?!

 

[jeremy]

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

If I remember Correctly that will cost you 10 Years and $10,000 per Offense here in the State of Indiana...

 

[snowman46919]

If I remember Correctly that will cost you 10 Years and $10,000 per Offense here in the State of Indiana...

Never had a steak that good, not even the ones I raised.