Fence Laws

[loneranger]

This is kinda off topic,,,but just had to vent. Not sure what the law was in Mich where I came from, but never heard of it up there. Someone should have told me of this law before I bought 40 acres in IA for hunting. People that owned 40 next to me were teachers with small kids when I bought it. Then house and land went up for sale, and got new neighbor who worked at hog plant, and he used his land for hunting like me.Farming kinda dwindling around me,,, many residential types. Wish hunter had kept the place but he sold, so last yr got new neighbor. He had few cows to start, then he got 25 this spring, put up fence to coral them,, then yesterday came down to say,,hey my cattle need more room. When you gonna put up your half of the property line fence.? I said,,,"Say What?!". I heard of this law and I can understand it when most of the country was farming, and one farmer next to another, but we are not all farmers now. He wants to be a weekend hobby farmer and I have to pay for part of his hobby. To the price of a couple thou! What do I get out of the deal? Some of his profits,,or a cow,,a steak? This is a crazy law,,and I am broke. Guess will have to see about a loan for another guy's fence. Crazy to me. Thanks for letting me vent on here.

[BOWSTRING]

Is he putting up a new fence or replacing one that was already there? I don't know what the rules are but I thought that one or the other landowner was responsible for the fence not both. But I don't really know.
If he's putting up a new fence you'd think that would be his responsiblity.
Either way I'm on your side sounds like a bad deal for you.
Might want to look into it a little more if you haven't just to be sure.

[ajadams]

Far as I now that is how it goes, don't know if it is law or not. My dad has put fence on 3 sides of his 200 acres over the years and never had a cow. Even had to pay for some dozing to put some fence in a couple years ago.

[loneranger]

I have looked into it with old time farmer neighbors an they say, it IS Iowa law. You are responsible for half of a fence,,not sure about the old or new, though,,this will be a new fence. He had our boundry surveyed to find where to put it. Other bad part is,,it's almost deer season and he wants to tear up my area with alot of disturbance. I am out a couple thou with nothing to show for it. I could use that for some things other than his cattle! I have heard you are only required to have square fencing with one barbed strand along the top. Which may be cheaper than five or six strands of barbed wire. Sorry to take up this sight with personal problems, but I am just a little steamed right now.

[RichardM]

i have put a lot of fence in and barb wire is cheaper than hog wire. how much do you have to put in.

[nannyslayer]

Barb wire is cheaper than woven wire fence, so if he really wants to get picky about it, have an estimate done.

[Ghost]

I share a mile of fence with the neighbor who runs cattle on his side. I run extreme deer habitat on my side. I do a Spring fence repair every year for his cattle on my half of the fence.

My cows are on pasture for a new fence that is my responsibility.

It comes down to your relationship with you neighbor...

But yes, legally you are responsible for your 1/2 of the fence.

Good fence = Good neighbors.....

Trespass on me and you know you crossed a fence.....

[dbltree]

Some townships/counties have fence trustees who moniter any fence disputes. In Davis county if you refuse to fix your 1/2 (generally unless it's in writing otherwise, it's your 1/2 to the right standing on your side facing the line fence) the trustees will have the fence replaced and add it to your taxes..so there is no escaping it.

In VB county we have big problems with neighbors cattle running all over the place because other landowners won't fix their fence so the cattle owners just shrug and say "hey...I fixed my half...so it's not my fault if they get out"

We have to pay the price of having cattle run thru our land and yard and we don't have any connection to any of the neighbors.

So...it is law but only if someone enforces it.... /forum/images/%%GRAEMLIN_URL%%/crazy.gif

Depending on your local laws I believe you do have the option of putting up an electric fence with a solar powered fencer (your obligation is provide fencing to keep cattle in not provide a certain kind of fence)

It's even worse if you have a watergap (like me /forum/images/%%GRAEMLIN_URL%%/crazy.gif ) that washes out all the time...I'm forever replacing that piece of fence.

Realtors may have no obligation to inform landowners but it's to bad they don't mention that fencing may be part of your responsibility when you purchase land.

Used to cost roughly $1.60 - 2.00 a foot but I'm not sure about current costs to have fence built?

[bjkpharmd]

Have not priced them lately but imagine that steel posts and wire are going up at least as fast as the price of scrap metal.

[AIRASSAULT]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">In VB county we have big problems with neighbors cattle running all over the place because other landowners won't fix their fence so the cattle owners just shrug and say "hey...I fixed my half...so it's not my fault if they get out"

We have to pay the price of having cattle run thru our land and yard and we don't have any connection to any of the neighbors.
</div></div>

I'd have a freezer full of beef steaks! /forum/images/%%GRAEMLIN_URL%%/cool.gif

[loneranger]

I appreciate all the imput. I know it is the law, but maybe a law that needs changing with the changing landscape of Iowa. Just doesn't seem fair that someone can start up a business and make you pay for part of it, with no benefit to you. I could use 2,000$ for alot of things besides someone's smally cattle.

[treerat]

Check with your county's NRCS office. I recently recieved a flyer that indicated they provide cost sharing through EQIP for establishing fences. Sorry, but I don't know all the details.

[Bucknduck]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: AIRASSAULT</div><div class="ubbcode-body"> <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">In VB county we have big problems with neighbors cattle running all over the place because other landowners won't fix their fence so the cattle owners just shrug and say "hey...I fixed my half...so it's not my fault if they get out"

We have to pay the price of having cattle run thru our land and yard and we don't have any connection to any of the neighbors.
</div></div>

I'd have a freezer full of beef steaks! /forum/images/%%GRAEMLIN_URL%%/cool.gif</div></div>

That's what I was thinking!!

[teeroy]

DEFINATELY contact your NRCS office. they can tell you the law, and they can get you help financing your new fence, if any is available.

[bowhuntr311]

Not that it means anything to you guys in Iowa but, its the same way up here in MN. MOST farmers up here fence thier pastures at thier own cost, unless adjoining property is a farmer and its going to benefit the both of them. Its farely rare to here about disputes over fencing.

Dean

[vrod]

I went through this when I bought land a few years back.I could find no laws saying I was responsible for putting up any fence PERIOD.What the Iowa law stated was that it is the each persons responibilty to keep their livestock in by fence.If you have no live stock to keep in,you are not responsible for any fence.It was a gentlemans agreement in the past to share half the fence cost with each neighbor since most had some sort of livestock.Long story short,I put up zero fence at zero cost to me.

[loneranger]

Thanks vrod, Say that sounds different. Everyone is telling me I have no choice, but to put up a fence. I have no pasture to keep cows out of just brush and deer habitat. Neighbor has the pasture. I will look into what is required by Wapello county, and how long I have to put one up, and if there is financing. I want to be a good neighbor, not make enemies, but there was never a fence there. All the fencing is new just along our property line. I also have 16 acres of my land in the Forest Reserve program. That states that I cannot cut any trees. I am wondering if this could stop fence building? thanks for all the imput.

[andesman]

I agree with your frustrations. Very odd laws. Someone told me that the traddition is for the landowner to out the fence up to his south and east, So if the property line is to your north its his responsiblity. I too am not originally from Iowa but now live here. If everyone runs livestock it makes sense. Of course if in the future you get cattle you get to use FREE fence if he puts it up. Fencing on hunting land to me is a double edged sword. Keeps others off your land, which Iowans seem to respect more than others states. But I cant forget a nice 3 yr old I once rattled in he stopped at a fence 40yrds and would not cross! With all the fences in the woods here in Iowa, I have that recurring nightmare of it repeating itself!

[Sligh1]

Forest Reserve- You can cut trees, no question. Cannot put cattle in it, lease for hunting or have less than like 100-200 stems per acre.

Read through most of this above...
If you have 40 acres TOTAL, your portion OBVIOUSLY should be fencing the 20 acres- your RIGHT side- NO QUESTION, if this were me- I'd do this myself. It would save you a ton of money AND it's NOT HARD!!!!! Just time consuming. For the edge of 20 acres, I really think you could do this for $500-800 (or less) in my opinion. I'd be cutting some hedge possibly OR pulling up some decent metal rods. If you did your own rods (hedge or metal you pulled from somewhere) all you'd have is barbed wire AND you'd need say 10 spools for $40 a spool for example= $400, JUST A GUESS!!! I just fenced in 10 acres BUT all of it in a square for like $300-400 for wire, etc.
*I used to live in MI as well, Holland. This fence stuff sure is interesting! I have a 270 that has a neighbor with cows to the north with nice fence, thankfully I get out there to fix it when needed and I make sure it's a non-issue. I do have a another neighbor with a 50 year old fence that's FLAT and 1st year I owned it - some TSI fell on it, kinda funny, oops).

[fullrut2]

I was told by my realtor friend that it is ome me to take care of my 1/2 of the fence even though I have no live stock.
man thats a lot of fence I thought and will add up real fast! like 10k worth?????
so I would figure that into any deal.
I always air on the side of not getting lawyers involved when one can.

talk to the neighbor and explain to him how you feel.everyone is not walking around ready to fork out money for someone else's stuff.

[dbltree]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">I could find no laws saying I was responsible for putting up any fence PERIOD </div></div>

Here's some links to the law itself...you can try to contest it but if the other owner wants to push it, you will pay for the fence one way or the other.

There are several links to the law itself here: Fence laws (http://www.state.ia.us/government/ag/working_for_farmers/farm_brochures/)

Furthermore: Acreage Living (http://www.extension.iastate.edu/acreage/al1999/almay99.html)

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Have you ever wondered whose job it is to maintain the fence between you and your neighbor? Erecting and maintaining a tight fence is the joint legal responsibility of the two adjoining land owners. Property line fences are jointly owned by both land owners, and cannot be changed by one owner without consent of the other. If either owner desires a fence, both are required to build and maintain their fair share. Deciding the fair share is up to the owners.

A common method for dividing responsibility is to adopt the arrangement held by the previous land owners. Another common method is to use the "right hand rule". By this method, as you face the fence, you are responsible for the right hand half of the fence. While these methods are commonly used, they are not required. Two land owners may establish any division of fence responsibility that is mutually agreeable. In order to be binding, the agreement must be filed with the county recorder. Once filed, the agreement remains in force for following land owners until a new agreement is filed. If two land owners cannot reach a satisfactory agreement, township trustees may be asked to serve as "fence viewers" who make binding judgment on fencing disputes. Your attorney can offer advice on working through the process.

The law defines materials and construction specifications for a lawful fence. While many options exist, three common minimum requirements are: at least 3 boards on posts not more that 8 feet apart; at least 3 strands of barbed wire on posts not more than one rod (16.5 feet) apart; or at least 4 strands of smooth high tensile wire on posts not more than two rods (33 feet) apart.

Iowa's fence law is recorded in the Iowa Code Chapter 359A. You can view the law by entering the chapter number at the internet site http://web.legis.state.ia.us/IACODE/1999/. Check your abstract or visit your County Recorder to see if any written fence agreements are on file for your property. If you have reason to think your line fence is not on the property line, contact a land surveyor to check it out. An erroneous boundary may become the true boundary if left for ten years without challenge.

If you have questions about property or boundary rights, contact your attorney or check with the Iowa Attorney General's Office, Environmental & Ag Law Division, Executive Hills East, Des Moines, 50319, phone 515-281-5351.

</div></div>

Fencing issues are not something you find just in Iowa...the problems arises when people move (or buy property) in the country in ANY state!

I've lived all my life in the country and I ran cattle myself so I know all about fences...I've been on both sides of it! /forum/images/%%GRAEMLIN_URL%%/grin.gif

<a href="http://aglaw.missouri.edu/fencelaws.htm" target="_blank">Fencing Issues by
state</a>

I would also add that the neighboring landowner need not have cattle (or any livestock) to force you to build your fence. They only need make their fence "tight" (read the law) and they can force you to do the same.

You can also be forced to pay the fees for having the trustees come out and solve any disputes....

You can fight it, you can drag your feet, you can hire an attorney, but eventually you will pay a price much steeper then the cost of a fence.... /forum/images/%%GRAEMLIN_URL%%/smirk.gif

[hillrunner]

My understanding has always been that when standing on your property facing your neighbors, everything on the right half is your responsibility. I wouldn't make a big deal out of this.Used fence poles are cheap and easy to find . If you don't have any tools , just ask a farmer friend, most will be more than happy to let you use everything you need. Round up a couple guys to help (maybe even the neighbor) and throw it in , Ive done it many times , its no big deal.

[loneranger]

I have already called around or stopped to neighbors but can find no help or anyone that does fences. I am definately not taking the neighbor's price. He would do it himself for his price. Don't trust him. Will try to find an uninvolved party to get a real price and how much is required. I paced it off and is 200 yrds or less.

[Sligh1]

200 yards, you are sitting fine. That should be PEANUTS (don't mean to minimize it BUT, well shouldn't be much). I would FOR SURE do 3rd party OR do it yourself, DON'T let him do it and price it. Sounds like you're doing the right thing though. Go cut some hedge, get an auger (or do metal posts- buy 50 at Tractor supply & some barbed wire) and you're done for pretty cheap. Good luck with all.

[bowmaker]

Loneranger

Talk to the neighbor and find out what kind of fence he will want you to put in, but don't fight with him about it. Before you start you should check with the county and find out how the fence is registered, don't just go by the common right hand rule. I have one section of fence that because of the terrain and access it was decided by my parents and registered that the left hand side is mine. There have been occasions that a person built the wrong end of the fence because of the right hand rule and then had to put in the other half as well because that was the way it was registered.

200 yards will take about 38 posts and maybe a couple of corners and braces. I just looked on the TSC page and 39" woven wire is 330 feet and is $150 a roll and barb wire is 1320 feet and is $80 a roll. You need to go about 600 feet so either 2 rolls of woven and 1 roll of barbed wire or 2 rolls of barbed to put in a 4 strand barbed wire fence. The post run about $5.60 for 5 1/2 or 6 foot t-posts.

If you have never built fence before all you need to do is drive the posts and if you use just the barbed wire attach it to a solid corner or line post, wooden, and staple it to it after wrapping it around a couple of times. Then go to the other end, if it is a straight run, or to the corner if it isn't. Attach a come-along to something solid, I use the hitch on my truck. Twist off a loop in the barbed wire and put it on the come-along hook and stretch the wire tight enough to "sing". You should have left yourself enough room and positioned everything so you can staple the wire to a wooden corner post with out releasing any tension. Leave the tension on it and just work your way back down the line attaching the wire to each post with the wire clips. Then just repeat with each of the other 3 wires evenly spaced up the posts. For the corners or the end of your line you should set a large wooden post and also one back down the line with a brace between the wooden posts to help equalize the strain. If it would help you I can lend you a post driver and an auger type post hole digger and a come-along if you want, just PM me some time.

By the way you do get some benefits from fencing to keep his cows from you property. #1 you can not allow any grazing on forest reserve or CRP acres for any reasons so if his cows are grazing on your land you are responsible. #2 if his cows go through your property and would get hit on the road you are partly liable because you failed to maintain proper fences that would keep the cows off your property of at least keep them on your property and off the roads. #3 If you have no fences and any thing happens to his cows as a result you are responsible to him for damages and loss of his property, the cows. #4 Cows can really mess up any food plots or any deer hunting.

Even though you might not like it just build the fence and be done with it. I had a very similar incident when I first bought my farm with a very disagreeable neighbor. He never said a word about building any fence to me but after he had put in his half he went to the county board of trustees and the county attorney and declared that I had to have it built with in the next 30 days or he would build it and charge me for it. I had the trustees come out and showed them what it was like and that there had not been any fences there for over 20 years so what was the big rush now. They agreed and told me it would be ok as long as I got it built by fall, which I did. To this day that is the only section of fence that is on his farm and the other sides are open to the road, so he could never have run any live stock without him supplying the rest of the fence. He finally sold it a few years later but wouldn't sell it to me.

[Sligh1]

Man, that is a heck of a great post by Bowmaker, what a nice gesture to offer that kind of support and advice!!!

My only other suggestion is to do it NOW, so you're not in there when deer hunting is on AND you have some time to let the deer settle back down to the disturbance. From Bowmaker's calculations, cost should be MINIMAL and you should be able to do this in a hard days work. Good luck!

[dbltree]

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Man, that is a heck of a great post by Bowmaker, what a nice gesture to offer that kind of support and advice!!! </div></div>

I agree! Lot's of helpful information in this whole thread so I think I'll add it to the food plot links.

As more folks buy recreational property they are bound to run into the same problems and questions....nice to have some answers handy /forum/images/%%GRAEMLIN_URL%%/smile.gif