When a fence is down on your land, who is responsible for building it again? Are there any laws concerning who builds the fence?
2006-07-10 17:27:48 · 11 answers · asked by Anonymous in Home & Garden ➔ Other - Home & Garden
The rule of law in most states are that if the fence is on the property line the owners of both properties must pay for half. However, if a landowner can prove that the cost of the fence is more than the value it will add to their property, they do not have to pay for the fence. So they do have a find a way to PROVE that it wouldn't add enough value to the property and the owner of the livestock could argue that there would be value in their property not being damaged by livestock. There are also common laws in some states that the owner of the livestock does pay for the fence and this is put in the deed. If ANY owner of the adjoining property then tries to use the fence they must then pay for half of it.
I would also reccomend calling your local county extension agent (the agriculture one.) You can find the number/e-mail for your county office by searching for your state extension office usually. They may also have a good agriculture law firm you can contact if you are having problems.
Good luck!
2006-07-13 12:25:31 · answer #1 · answered by ekaty84 5 · 0⤊ 0⤋
Absolutely, I am going through a fence dispute right now. Common law states that a farmer must contain his beasts, but a fence law supercedes common law that says if one landowner desires a fence, both parties are responsible for the costs and upkeep of the fence. That sucks, we do not want a fence, but we are being forced to split the cost anyway. Each county has thier own fence laws, so check out your county website.
2006-07-10 17:34:29 · answer #2 · answered by Swede 3 · 0⤊ 0⤋
Depends. If the fence adjoins two properties, the two owners should split the cost of a new fence. If your fence borders on public land, then it is your responsibility to repair the fence. I am not sure what the laws are....you might call your county extension agent....I know that this is how it usually works in suburbia.
2006-07-10 17:33:24 · answer #3 · answered by scruffycat 7 · 0⤊ 0⤋
The clue is who's land it is on. There is often a buffer or easement between properties, and even if there isn't, there should be survey stakes marking the boundaries. If the fence is on your land, then it is your responsibility to maintain it.
The answer to your original question is: Both. Depends on which side of the fence one is on.
2006-07-10 17:34:12 · answer #4 · answered by Dusty 7 · 0⤊ 0⤋
If it is your land and your cattle it's your job (why wouldn't it be)
If you are keeping cattle in it's yours, if you are keeping cattle out I would say the land owner/cattle owner should take care of the fence. However, if the cattle grazes on your land you can declare it to be agricultural (write off) unless it already is.
2006-07-10 17:33:26 · answer #5 · answered by Robsthings 5 · 0⤊ 0⤋
In Utah it is the owners of the animals responsibility to keep them fenced in.
2006-07-10 17:48:16 · answer #6 · answered by Anonymous · 0⤊ 0⤋
well its your fence so you would be responsible unless a neighbor damaged the fence then they would be responsible for the cost of repairs but not the actual work.
2006-07-10 17:30:37 · answer #7 · answered by dappersmom 6 · 0⤊ 0⤋
If the cattle are yours, I'd think that you would fence them in to keep them from wandering off.
2006-07-10 17:32:04 · answer #8 · answered by Jimmy C 2 · 0⤊ 0⤋
Your land your cows you fix. That's the way it work where i grew up. I grew up on a working ranch. The ranch is gone but we still live by the same rules. Did you know that if one of your animals gets hit by a car that you can be sued.
2006-07-10 17:32:59 · answer #9 · answered by liza 4 · 0⤊ 0⤋
As a Texan, I'd say that depended on whether you are a rancher or a sod-buster.
2006-07-10 17:33:19 · answer #10 · answered by Anonymous · 0⤊ 0⤋