Stump Shooter
New Member
WOW! Iowa has some goofy laws! A fence that's been there over 10 years take precedence over a surveyor and his plat book?? And you have to maintain a fence that isn't even yours and one that you didn't put up? LOL I guess it's time for a few Iowa laws to get out of the 1920's.
Danno
PMA Member
If you take down the fences we could let those cows run free range. We'll just have to hire more brand inspectors. Actually Minnesota has a similar law:
Minnesota Fence Law
Minnesota Fence Law
One thing that it seems that everyone is missing is that there is no established 10 year fence line because all the old fence and trees were removed. If no one can tell where the old fence actually was then the only thing to use is a survey. The only reason I know is this happened to me, when I bought my Mother's farm. The dividing fence had been removed years before and since she didn't live on the farm, my Mother didn't notice it. The guy next door had been farming 50 or 60 feet over the line along about 3/4 of a mile of fence for 20 plus years. I had a survey done to establish the fence line and made him mad enough that he forced me to build the fence even though it was the only one his entire farm.
dbltree
Super Moderator
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It's usually the right hand rule unless the landowners have agreed otherwise. Deviations from the right hand rule really should be recorded at the county seat(? not sure if that is the proper place).
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I have a good friend who is a fence trustee and normally it is as quoted above...but not always and as mentioned may be recorded otherwise. There is no getting around putting up fence when push comes to shove...or the township will hire it done and you will get the bill on your taxes!
I mentioned to him the other day that a NR had just purchased several hundred acres and was paying to have the entire thing bulldozed (old fencelines) and new fence put up. He told me that you can't just go ahead and start dozing, you have to get permission from all the adjacent landowners.
We took out a fence that belonged to nieghbors (with their permission)and for now, since niether of us have cattle it's remained that way. We left the corner posts and one half way, so the line will always be clear.
In this case I'm afraid a survey may be the only option.
This is a good subject because many new landowners, resident or otherwise are not aware of "fence laws"...and like it or not we have to abide by them...livestock or no. One can also see that one that's in the wrong spot, for a long enough period of time, could mean a loss of ground for someone...
It's usually the right hand rule unless the landowners have agreed otherwise. Deviations from the right hand rule really should be recorded at the county seat(? not sure if that is the proper place).
[/ QUOTE ]
I have a good friend who is a fence trustee and normally it is as quoted above...but not always and as mentioned may be recorded otherwise. There is no getting around putting up fence when push comes to shove...or the township will hire it done and you will get the bill on your taxes!
I mentioned to him the other day that a NR had just purchased several hundred acres and was paying to have the entire thing bulldozed (old fencelines) and new fence put up. He told me that you can't just go ahead and start dozing, you have to get permission from all the adjacent landowners.
We took out a fence that belonged to nieghbors (with their permission)and for now, since niether of us have cattle it's remained that way. We left the corner posts and one half way, so the line will always be clear.
In this case I'm afraid a survey may be the only option.
This is a good subject because many new landowners, resident or otherwise are not aware of "fence laws"...and like it or not we have to abide by them...livestock or no. One can also see that one that's in the wrong spot, for a long enough period of time, could mean a loss of ground for someone...
Windwalker
Life Member
I'm a trustee. Its a good idea when clearing old fences that you leave a old post every so often. Just making sure it goes back in the same place.A good idea would be a viedo also. Most fences are set up so facing your fence the right hand side is yours. It isn't a rule . Some owners have it set up that all of a ditch or creek upkeep goes to one farm while the other gets all the fence. The laws need updated. Some of the disputes are just nuts. I've seen fences new ones moved 20 feet lawers and surverys callen in. Nothing was done . I think Iowa neeeds umdated laws and fences put back on line . With the gps it should be updated.
Fishbonker
Life Member
Right hand rule? The right half is mine? From the middle of the common ground? So to figure out how much fence I'm resposible for I'd stand approx. half way west on an east to west border fence (north end of my property) and what is to my right is mine? Put another way, my north border is about 800 feet in length so the east 400 feet is mine?
I was told years ago that the side of the post the fence is on the owner of the fence. Ever heard of that?
What if a tree from my side of the fence falls on his half to maintain? Who fixes the fence? The tree owner or the fence owner?
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
This is a great thread. I've had theses questions for a long time. Thanks for the information.
The 'Bonker
I was told years ago that the side of the post the fence is on the owner of the fence. Ever heard of that?
What if a tree from my side of the fence falls on his half to maintain? Who fixes the fence? The tree owner or the fence owner?
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
This is a great thread. I've had theses questions for a long time. Thanks for the information.
The 'Bonker
dbltree
Super Moderator
[ QUOTE ]
Right hand rule? The right half is mine? From the middle of the common ground? So to figure out how much fence I'm resposible for I'd stand approx. half way west on an east to west border fence (north end of my property) and what is to my right is mine? Put another way, my north border is about 800 feet in length so the east 400 feet is mine?
<font color="blue">Yes that is the norm </font>
I was told years ago that the side of the post the fence is on the owner of the fence. Ever heard of that?
<font color="blue">Yes that is true in most cases...your fixing fence from your property </font>
What if a tree from my side of the fence falls on his half to maintain? Who fixes the fence? The tree owner or the fence owner?
<font color="blue"> I think in most cases the fence owner is responsible no matter what causes the damage...but that could lead to a dispute in some cases. My neighbors trees washed down a dry creek during a huge storm a number of years back...wiped my brand new fence right out, but I had to fix it </font>
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
<font color="blue">That I can't answer but if it's entirely on your property I'm guessing you are, but homeowners may not ask you to keep the fence up like a farmer with livestock might</font>
This is a great thread. I've had theses questions for a long time. Thanks for the information.
The 'Bonker
[/ QUOTE ]
Right hand rule? The right half is mine? From the middle of the common ground? So to figure out how much fence I'm resposible for I'd stand approx. half way west on an east to west border fence (north end of my property) and what is to my right is mine? Put another way, my north border is about 800 feet in length so the east 400 feet is mine?
<font color="blue">Yes that is the norm </font>
I was told years ago that the side of the post the fence is on the owner of the fence. Ever heard of that?
<font color="blue">Yes that is true in most cases...your fixing fence from your property </font>
What if a tree from my side of the fence falls on his half to maintain? Who fixes the fence? The tree owner or the fence owner?
<font color="blue"> I think in most cases the fence owner is responsible no matter what causes the damage...but that could lead to a dispute in some cases. My neighbors trees washed down a dry creek during a huge storm a number of years back...wiped my brand new fence right out, but I had to fix it </font>
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
<font color="blue">That I can't answer but if it's entirely on your property I'm guessing you are, but homeowners may not ask you to keep the fence up like a farmer with livestock might</font>
This is a great thread. I've had theses questions for a long time. Thanks for the information.
The 'Bonker
[/ QUOTE ]
Fishbonker
Life Member
Thanks!
Looks like I got some fence mending to do.
The 'Bonker
Looks like I got some fence mending to do.
The 'Bonker
JNRBRONC
Well-Known Member
[ QUOTE ]
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
[/ QUOTE ]
This sounds like an "easement" situation. In the title abstract to the property, easements will be listed. If you own the land surrounding this lane (and you might actually own the lane) and houses, most likely there is an access easement that you would be responsible for the fence on. Just a guess, though.
I have a fence that is along a lane that servers three houses. I don't use the lane, who actually owns the lane is a metter of question. Am I resposible for the entire fence line?
[/ QUOTE ]
This sounds like an "easement" situation. In the title abstract to the property, easements will be listed. If you own the land surrounding this lane (and you might actually own the lane) and houses, most likely there is an access easement that you would be responsible for the fence on. Just a guess, though.
gunrunr
Life Member
Since we are talking fence, I have an interesting scenario. A month ago or so I went to one of our farms to do some shed hunting and found about 1/4 mile of fence between me and the neighbor had been bulldozed out and was completely gone. In shock I drove along it and saw that along the other common fence between us, he had cut down every single tree along the fenceline(even ones that were 4-5 feet inside my fence) and simply left them laying out in my CRP field! He is refusing to replace the fence or clean up the trees. I think the trustees don't want to get involved as they recommended to me (unofficially) that I just replace my half of the fence myself and clean up the trees and hope that then the neighbor would "probably" put his fence back in on his half.
HUH??!?
They say it is such a legal battle to get him to replace fence and they can't do anything about my half of the fence that is missing. I had a fence a few months ago and now it is gone (posts, wire and everything) and now I have to fix it and pay for half myself and then hope that he follows suit to put his half back in?? I told him I need the fence for security to protect my land, treestands, cameras and from trespassers but he said the fence and the trees made it harder for him to farm and as long as I didn't have livestock on it he wouldn't fix it. I'd turn a few cows in it but its in CRP so I can't. I farm too and I know he is a hunter also and is being completely unreasonable. I really don't want to take him to court - what should I do???
HUH??!?
They say it is such a legal battle to get him to replace fence and they can't do anything about my half of the fence that is missing. I had a fence a few months ago and now it is gone (posts, wire and everything) and now I have to fix it and pay for half myself and then hope that he follows suit to put his half back in?? I told him I need the fence for security to protect my land, treestands, cameras and from trespassers but he said the fence and the trees made it harder for him to farm and as long as I didn't have livestock on it he wouldn't fix it. I'd turn a few cows in it but its in CRP so I can't. I farm too and I know he is a hunter also and is being completely unreasonable. I really don't want to take him to court - what should I do???
H
hanson
Guest
Iowa fence laws are something that everyone that owns land should understand. Is there a set distance for allowing trees to be cleared away from the fence when building new? In my area we are on right hand rule.Where it gets real confusing is at water gaps. The way it seems to me is the new guy gets stuck with all of the bad spots.
turkeyriver
PMA Member
I am a township clerk and have had to deal with some fence disputes. There is some gray area that only lawyers and a judge can settle but here are some certain things. Two Supreme Court rulings, the most recent in 2001, upheld that Iowa is a shared fence state. This means that you are responsible for your half of a fence,EVEN IF YOU HAVE NO LIVESTOCK.That's as far as the court ruled. The right hand rule USUALLY applies. There are many left hand fences made for conveniences of one sort or another. These usually go way back when everyone in the country was a farmer. If you buy some land, you should always talk to your neighbors and determine whose fence is whose and if it ISN'T right hand, get it recorded at the courthouse. Township trustees only determine if a proper fence is built,NOT whose fence is whose, or if a fence is in the right place. That is a court matter. I am not aware of any law which permits your neighbor to cut trees on your side of the fence in order to repair his fence. In the same vein, if a tree on your property falls on the neighbor's fence, I believe you are responsible for fixing that fence. That's just common sense and being a good neighbor.Also, you can't do anything on your property that adversely affects your neighbor's land. An example would be a tile line coming out in the fence line which creates a wet spot on your neighbor's land.I believe this also includes trees on your property growing over a fence and shading your neighbor's crops. Keep your tree plantings a few feet away from your property line and save problems later. Just common sense. A fence built a few feet off the line is common, and you will have to decide if it's worth fighting over. A judge would decide if cost of a survey would be shared. I wouldn't pay for a survey and assume the cost will be split. Some of the problems in this thread can only be settled in court. But don't think that because you have no livestock, you don't have to maintain your fence. If your neighbors cattle get out thru your fence, you can be held liable for damages. That's also why farmers carry huge liability insurance policies. If their cattle get out and cause a car accident, they won't lose the farm in a lawsuit. If you own propery in the country, and cattle could conceivably get on a road thru your fence, you would be wise to have such a policy too.