Got a wee bit of a property line issue

[Robert_in_NY]

As my Grandpa would say "To deal with the bastards you gotta be a bastard".

I like your grandpa's saying, sadly it is true.

 

[CliffordK]

I'm not saying the problem is the destruction of property of the fence, although it does seem to be a bit of a waste.

Say I had a fence that kept my cows and your cows separate just fine.
Then you come along and say it isn't pretty enough.
If we can't agree on splitting the repair cost, then either the old fence stays, or the person pushing for the new fence against the will of the other person will pay for the construction of the fence.

It is quite possible that the OP, phiferpharm, will put livestock on his side of the fence, and the neighbor will not put livestock on their side of the fence. So the neighbor might survive for an extended period without a fence, but phiferpharm would be unable to do so.

 

[joshuabardwell]

I'm not saying the problem is the destruction of property of the fence, although it does seem to be a bit of a waste.

I agree, but isn't it also a waste that the property owner is being prevented from accessing/using his or her property?

Say I had a fence that kept my cows and your cows separate just fine.
Then you come along and say it isn't pretty enough.

If it's on your property, I can go spit. If it's on my property, without my permission, and I've asked you to remove it, and you've declined, then... what?

If we can't agree on splitting the repair cost, then either the old fence stays, or the person pushing for the new fence against the will of the other person will pay for the construction of the fence.

What if you come to me and say, "I want to put a fence on your property," and I say no? Then what happens? Then what happens if you do it anyway?

 

[CliffordK]

Of course, apparently the OP's wife told the neighbor that if the tree was in the way, then to build the fence around it. Nobody apparently really discussed what that really meant. Wire fences often get nailed to trees.

Certainly if I intended for a tree trunk to be in my yard, and wanted to mow around the tree, I'd build 90% of the fence down the line, then put in a short curved section around the tree.

 

[phiferpharm]

How wide is the easement?

Sorry I didn't answer sooner Kyle - made a trip to Miami. Anyway, it's 15'

I appreciate and won't discount any actions at this point, but meeting with the surveyor is first. As far as the comment CliffordK made, I am putting in a new fenced pasture where I cleared the land and as with all the other pastures I have made (5), like to leave a big enough "Belt" around them to get my Tractor/mowers around them. In the case of this fence, I knew I wanted to be sure there was a sizeable buffer so my critters weren't gonna be sticking their heads over into the adjoining property. The neighbor only has dogs and I can resolve the issue I'm having with them "visiting" with the item listed below.

There was a "border" fence surrounding my entire 20 acres that was small posts, open wire, with a barb wire top. I say was because the last 25' of that has been taken down and the border left open where it attaches to the neighbors new fence. THAT will be fixed this weekend if the rain stops.

I will admit, the further I get into some of this, the more I'm leaning towards getting it moved. With that said, I've spent enough time in my jobs prior to retiring to know the value of having all the facts validated and undesputable before taking action. Having clearly marked property lines, easements, etc, not just on the paper, but on the ground prior to speaking with the neighbor will be better.

 

[ovrszd]

I will admit, the further I get into some of this, the more I'm leaning towards getting it moved. With that said, I've spent enough time in my jobs prior to retiring to know the value of having all the facts validated and undesputable before taking action. Having clearly marked property lines, easements, etc, not just on the paper, but on the ground prior to speaking with the neighbor will be better.

Very well stated, calm and mature. Just be mentally prepared to engage if needed.

I think your neighbor will cooperate when he sees you are acting appropriately. Anxious to hear of the outcome.

 

[quicksandfarmer]

If we can't agree on splitting the repair cost, then either the old fence stays, or the person pushing for the new fence against the will of the other person will pay for the construction of the fence.

Not in Virginia, if it's agricultural land:

No owner of land used for industrial or commercial purposes, or subdivided into lots or parcels, adjoining lands used for agricultural purposes, when given notice by the owner of such adjoining lands under 55-318 shall have the option of choosing to let his land lie open, but shall build one half of such fence or be liable therefore.

Virginia Law for Farmers and Landowners: What's New from the 2005 Legislative Session

 

[riptides]

Not in Virginia, if it's agricultural land:

No owner of land used for industrial or commercial purposes, or subdivided into lots or parcels, adjoining lands used for agricultural purposes, when given notice by the owner of such adjoining lands under 55-318 shall have the option of choosing to let his land lie open, but shall build one half of such fence or be liable therefore.

Virginia Law for Farmers and Landowners: What's New from the 2005 Legislative Session

Ahh, A new law, embodied in HB1648, modifies Virginia's fence law governing the construction of division fences.

Right out of the link. There is no liability on adjoining property owners, unless both are agreeable and engaged in livestock production/ag-land.

 

[plowindeeper]

Mississippi has had the same law for years just try to enforce it.

 

[riptides]

Mississippi has had the same law for years just try to enforce it.

This law in VA, came up many years ago during a dispute between two land owners. One, a long time farmer, the other a newly arrived lawyer.

The farmer, god rest his soul, ended up dead.

The fence law came up during the trial, and was a major factor in the dastardly deed.

Most in VA, did not know of the existance of the "law" which dated back to the late 1700's and had never been amended. HB1648 took care of that.