Your Land is my Land

[ruffdog]

In KY, the standard is that a fence is placed on the line and cost is shared by both sides. Basically, you 'meet face to face in the middle of the property line, and Each person is liable for upkeep of the fence 'to his right'. That is the basic 'legal' definition which is assumed by the courts.

Same here!

 

[sixdogs]

Make sure that your corners are well documented and put your fence where you want it.

This is the right answer.
I'll bet nearly every property owner knows where the corners are.

 

[buckeyefarmer]

In KY, the standard is that a fence is placed on the line and cost is shared by both sides. Basically, you 'meet face to face in the middle of the property line, and Each person is liable for upkeep of the fence 'to his right'. That is the basic 'legal' definition which is assumed by the courts. However, if a neighbor wants to 'control' the fence, how it is built, materials, etc. He must put it on his own property and care for it himself. This keeps a 'Rich' neighbor from moving in, and requiring a 'poor' neighbor to pay for 1/2 of a 4 board fence.

Personally, I have several miles of fence to put in over the next couple years. I want control of the fence and I want to be able to mow on both sides. (I'm in KY Horse country). I spoke with my neighbor and explained that I would pull the old and care for the new fence. But that I didn't cede my property on the 'other' side of the fence, and that the property line remained as surveyed. He was very happy, because the fence I pulled was honeysuckle grown over 50yo barbed wire which was nothing but a nuisance. The 'line' is lined with old walnut, oak, etc. So, trying to know where it is, isn't difficult. Caring for it is a PITA, so I'm moving it in quite a bit, to make life easier.

I still need to decide 'how far' inside I want to go. But that is simply a decision based on 'mowability' of the other side. Which is what I am pondering at this point.

This reminds me of a case discussed before on TBN, where a rich neighbor built a very expensive fence next to an old poor neighbor, then demanded the poor neighbor pay half. This lead to several confrontations. The poor neighbor one day went on the rich neighbors land to confront him about some event, and the rich neighbor shoot and killed the poor neighbor, out of "fear for his life". Was a very sad story. Think it happened in NC.

 

[dodge man]

This is the right answer.
I'll bet nearly every property owner knows where the corners are.

I'll bet not. In my area, I'd say more than half the property corners, rural or urban areas, are missing.

 

[Industrial Toys]

Back in 1966 my parents bought a new house in a subdivision. Somehow it came to light that the builder had actually sold some of the adjacent and existing property owners land. Maybe six feet or so. There was a dispute and the adjacent owner became so riled, he just yanked out the stakes on his land. The Police were called.

I will never forget how that Cop told my Father that the punishment (on the books at the time) for such an offense was HANGING!

Anyway, the builder had gone broke, and my parents were just SOL in the matter.

 

[Groo]

This is the right answer.
I'll bet nearly every property owner knows where the corners are.

My old place, 2 of the markers would have been under the street. one of the corner markers at the new place would be under a pond.

 

[CobyRupert]

My understanding is that fence needs to be inside (supposedly 1 foot minimum) otherwise how do you maintain the far side without trespassing?

It's your neighbor who has to look at it. Let them paint it!

 

[MossRoad]

My understanding is that fence needs to be inside (supposedly 1 foot minimum) otherwise how do you maintain the far side without trespassing?
Also I believe that 'on the line' is a co owned and co maintained cost shared fence.

Then in urban areas there are another whole set of regulations dealing with privacy, height, air flow etc.

It would take a mighty skinny person with small feet to maintain that other side....

 

[TomIre]

Here in Tennessee, it's on the line. My new neighbor, from the burbs, asked when I was putting in a new fence if I was going to put it right on the property line? I said yes unless he wanted me to put it a few feet on his side? He thought on the line sounded pretty good at that point!

 

[dodge man]

One thing I've learned from numerous seminars is that courts are not often worried about minor differences and such. For example, say a lot is suppose to be 100 feet wide and you find two property corners 100.10 feet apart. The corners still hold and the distance is off a little bit. This also holds true with something like a fence. If you set a fence post on the line, yes part of it is going to be on the neighbors land, although a small amount. Is this trespassing? Of course not.