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How does a "fence of convienience" work?

Diggdug

Diggdug

Member
I have a "fence of convenience" on my property that favors the neighbors cow pasture. This is a new concept to me and I was wondering if anyone knows the legalities of this? I assume that since I actually own part of the property on his side of the fence that I can legally hunt it?
 
Sounds like trouble. You need to use that ground/ hunt it, or I believe they can grandfather it after 10 years. I had a similar problem on my farm.
 
fence

He cannot put a fence on your property without your permission?

Can you give us more details or a map?
 
Diggdug said:
I have a "fence of convenience" on my property that favors the neighbors cow pasture. This is a new concept to me and I was wondering if anyone knows the legalities of this? I assume that since I actually own part of the property on his side of the fence that I can legally hunt it?
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First, how many acres are on his side of the fence, that belong to you?

Second, if there is quite a measurable amount of acres, you then need to see a lawyer. Let him deal with it, because in the end you will be screwed out of your land. I have seen it many times with the same scenario.
 
Pay to have the land correctly surveyed and remake the fence. My dad just went through this last fall. Then the neighbor wasn't going to split the cost of the fencing after dad did all the labor himself.
 
6x6 said:
Sounds like trouble. You need to use that ground/ hunt it, or I believe they can grandfather it after 10 years. I had a similar problem on my farm.
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This is absolutely correct. Hopefully the fence hasn't been there for 10 years, because if so, it's his. It is called a prescriptive easement.
 
I assume you haven't owned this land very long. Iowa does have rather odd fence laws they favor agriculture and cattle. If this was my farm I would immediately post the actual property boundary. Then talk to the adjoining land owner and see if he acknowledges the land in question as yours. At this point I would also determine if the half of the fence in question is your or his responsibility.
Fences major area of misunderstanding if it comes to a boundary dispute then a survey is the answer to determine where the line should be.
 
Packnasty said:
This is absolutely correct. Hopefully the fence hasn't been there for 10 years, because if so, it's his. It is called a prescriptive easement.
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Or possibly adverse possession? I think it's 15 years in MN, not sure in Iowa...probably says online somewhere.
 
re

Thanks for all the replies. It's probably about 2 to 3 acres and its all creek bottom, hence the fence. I will speak to the land owner when I visit to look for mushrooms. I have only owned the land for 2 years and I have no idea how long the fence has been there.
 
So the way I understand, the creek is the boundary line? Or the boundary line is just in creek bottom ground between the creek and the existing fence, but someone decided to build the fence on higher ground?
 
The fence was built to avoid the creek and probably avoid dealing with floods. But I don't like the idea of giving away my creek bottom because he raises cattle. I have an appointment with a lawyer next week.
 
Interested in the outcome as well. Interesting situation that probably affects a lot of landowners.


Does the neighbor only have land on one side of you, or does it wrap around? Just wondering about creek gaps involved. Also, does he rely on the creek for watering livestock? I would not want to give away any land either. I'm thinking if the creek is the property line, whether it's one of the banks or the centerline, if no fence can be built along the property line, maybe a fence on each side should be required. But I don't have any background in law or fencing issues. Just an opinion.
 
Looks like adverse possession:
http://www.moeland.com/adverse.htm

And looks like 10 years in Iowa:
https://coolice.legis.iowa.gov/Cool...ory=billinfo&service=IowaCode&ga=83&input=564

I'm a bit curious about all this also. When we bought our house about 8 years ago we were under the impression we had a touch more land than we actually do. Our acreage is actually in a bit of an L shape but there is a fence that angles from one point of the "L" to the other leaving a triangle of property that I mow and "maintain" a raspberry bush on.

I never knew about this triangle until the pasture land behind my house got sold and the new owner had it surveyed. I was always under the assumption that the fence marked the property line because the guy I bought the house from told me that. The my new neighbor wanted the fence to go in right at the property line (can't blame him) but I made a bit of a stink about it. I paced it off and estimated it to be about a third of an acre and asked if he could just leave it because my wife picks raspberries from those bushes every summer. I really didn't think he would get to fired up over that little land. He did offer to sell it to me for a hefty price at which point I pretty much said "do whatever you want".

It turned out that he put the new fence in right where the old one was and we kept our raspberry bush. But looking at this "adverse possession" it seems that this land will be mine anyway within a couple years with just a bit of paper work and legal fees........interesting. May have to dig a bit deeper into this. I have no problem paying any extra property tax that would come with it, would just like the acreage to be "bigger" hence worth more.
 
nIAeagle said:
Looks like adverse possession:
http://www.moeland.com/adverse.htm

And looks like 10 years in Iowa:
https://coolice.legis.iowa.gov/Cool...ory=billinfo&service=IowaCode&ga=83&input=564

I'm a bit curious about all this also. When we bought our house about 8 years ago we were under the impression we had a touch more land than we actually do. Our acreage is actually in a bit of an L shape but there is a fence that angles from one point of the "L" to the other leaving a triangle of property that I mow and "maintain" a raspberry bush on.

I never knew about this triangle until the pasture land behind my house got sold and the new owner had it surveyed. I was always under the assumption that the fence marked the property line because the guy I bought the house from told me that. The my new neighbor wanted the fence to go in right at the property line (can't blame him) but I made a bit of a stink about it. I paced it off and estimated it to be about a third of an acre and asked if he could just leave it because my wife picks raspberries from those bushes every summer. I really didn't think he would get to fired up over that little land. He did offer to sell it to me for a hefty price at which point I pretty much said "do whatever you want".

It turned out that he put the new fence in right where the old one was and we kept our raspberry bush. But looking at this "adverse possession" it seems that this land will be mine anyway within a couple years with just a bit of paper work and legal fees........interesting. May have to dig a bit deeper into this. I have no problem paying any extra property tax that would come with it, would just like the acreage to be "bigger" hence worth more.
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In reading the 1st document above, I'm thinking adverse possession may no longer apply due to now knowing the land is owned by the neighbor due to the survey. Also, I'm thinking that since both parties know it is the neighbor's land, he has basically given you permission to use it. I would say just because he fenced it out of his use doesn't mean he doesn't claim it, especially if he is paying the taxes on it.
 
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