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

[printcraft]

So what I am learning here is that good fences make good neighbors.........
but a fence that needs work (that is caused by the direct negligence of somebody else)is a bunch of bull that I am now responsible for?!?

Gee Wizz..... common sense and personal responsibility are dead.

 

[Ashkelon]

Wow. I am very fortunate to have the neighbors I have at our farm. Didn't realize it until now.

If anything, perhaps those looking at buying property should spend some time getting to know the neighbors and opinions about such matters before putting down the money. What a mess this can be. We always just seem to work it out without any trouble or discord.

 

[snowman46919]

So what I am learning here is that good fences make good neighbors.........
but a fence that needs work (that is caused by the direct negligence of somebody else)is a bunch of bull that I am now responsible for?!?

Gee Wizz..... common sense and personal responsibility are dead.

It isn't a problem when you have good neighbors with common sense... unfortunately that is extremely hard to come by. The deer population is getting pretty bad as well in my neck of the woods.

 

[lovemachine]

Another thing I don't understand.

The damage was done on the farmers side of the fence.
WHY does the OP have to pay then?

 

[lovemachine]

I'm sure that's been answered. But I don't understand

 

[snowman46919]

Another thing I don't understand.

The damage was done on the farmers side of the fence.
WHY does the OP have to pay then?

I'm sure that's been answered. But I don't understand

If it is high tensile and has to be restrung the entire line has to be redone because usually the only braced parts are at either end and that is the only place I feel comfortable to put tensioners. Also if the livestock truly did the damage on my property I would never ask for the other owners to pay out, matter of fact we don't now. We run 10 strands of high tensile with posts driven about 4 feet in the ground. It is a pain in the butt to put in but it lasts much much longer than t posts and two strands of regular hot wire fence.

 

[lovemachine]

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

OK, this brings up another question.

This is something that I've always heard. If you build your fence ON your side of the property line, that is not DIRECTLY on it, but on your SIDE.

After so many years, can your neighbor claim that the property between the line and your fence is theirs?

Is it true that you could actually lose that little piece of property?

 

[printcraft]

OK, this brings up another question.

This is something that I've always heard. If you build your fence ON your side of the property line, that is not DIRECTLY on it, but on your SIDE.

After so many years, can your neighbor claim that the property between the line and your fence is theirs?

Is it true that you could actually lose that little piece of property?

Adverse possession - 10 years and something about they have to be paying taxes on it.
I will have to ask the wife about the specifics.
Send a letter stating you are not giving up claim to your property.

 

[grimor]

OK, this brings up another question.

This is something that I've always heard. If you build your fence ON your side of the property line, that is not DIRECTLY on it, but on your SIDE.

After so many years, can your neighbor claim that the property between the line and your fence is theirs?

Is it true that you could actually lose that little piece of property?

it's called adverse possession, in Indiana it takes 10 years and it's pretty much theirs if you haven't exerted your right to ownership over it.

BUT, say you put the fence 3' off the property line, you mow the other side of the fence and every 9 1/2 years you make a point of sending a letter to the other guy saying "I'd like to remind you that's my property and not to use it" then you keep the property. there is something else in the IC about the person trying the land grab paying the taxes on it, but that hasn't seemed to been a requirement in past cases.

I looked at it recently just because in 5 years I want to move the property line at my house over to my neighbors fence....

 

[lovemachine]

it's called adverse possession, in Indiana it takes 10 years and it's pretty much theirs if you haven't exerted your right to ownership over it.

BUT, say you put the fence 3' off the property line, you mow the other side of the fence and every 9 1/2 years you make a point of sending a letter to the other guy saying "I'd like to remind you that's my property and not to use it" then you keep the property. there is something else in the IC about the person trying the land grab paying the taxes on it, but that hasn't seemed to been a requirement in past cases.

I looked at it recently just because in 5 years I want to move the property line at my house over to my neighbors fence....

Ok, you're paying taxes on your property. Even on the 3' between your fence and property line. HOW could your neighbor claim that's his, after 10 years, if he's NOT paying the tax, but you are?

Technically, if you're paying mortgage on a house, the bank actually owns it, right? So, after 10 years, if your neighbor is claiming that 3' is HIS, wouldn't he be stealing from the bank then?

I don't understand how that adverse possesion could work AND be legal, if you're paying the tax.

Also, if that is actually true, and your neighbor claims it. Shouldn't you not have to pay the tax on that anymore?

 

[grimor]

Adverse possession is legal because it's the law. Right or wrong it's legal. The way the cases seem to be handling the "paying taxes" portion is either ignoring it completely, or implying that the person gaining the land has been maintaining and using the land so he's "paid the tax" by his efforts.

as far as you not paying the tax on it any more, once the land becomes officially theirs in court, you won't be paying taxes on it any more.

 

[lovemachine]

Yeah I found this site, and it answered a lot of questions.

Indiana Farm Fence Laws

 

[Hkindiana]

Yeah I found this site, and it answered a lot of questions.

Indiana Farm Fence Laws

However, as posted earlier, this has been REPEALED

 

[eldirector]

Looks like the OLD laws in Indiana dealt with time and improvements to the land. The CURRENT law only mentions taxes.

IC 32-21-7
Chapter 7. Adverse Possession
IC 32-21-7-1
Establishing title; payment of taxes and special assessments by adverse possessor
Sec. 1. In any suit to establish title to land or real estate, possession of the land or real estate is not adverse to the owner in a manner as to establish title or rights in and to the land or real estate unless the adverse possessor or claimant pays and discharges all taxes and special assessments that the adverse possessor or claimant reasonably believes in good faith to be due on the land or real estate during the period the adverse possessor or claimant claims to have possessed the land or real estate adversely. However, this section does not relieve any adverse possessor or claimant from proving all the elements of title by adverse possession required by law.

 

[GARANDGUY]

Just to clarify on my earlier post we originally asked the other guy if he wanted to go half on the fence sides that would be bordering his property as well as the other neighbor the one said sure the other said no. So when it was the one who said no that tore the fence up after we had paid all of the cost on it in the first place we asked him to replace it and were told to get F***ED in his words so we had to sue him to get it repaired. We had a tree fall on the other side a few weeks ago and both us and the other neighbor(cool one) whos tree it was that fell on the fence covered half the cost each to have it redone. We have posts (not t post but telephone pole width type posts)every 4-5 feet and everything is tight as a drum just to clarify on the fence.Its not poorly done in other words.