Land Dispute

[Fishbonker]

[ QUOTE ]
[ 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.

[/ QUOTE ]

A couple of years ago the 40m/l at the end of the lane sold. I dug up my abstract and had my lawyer look it over in reguards to my resposibillity for up keep. The east two rods of my ground had been sold way back when for the lane. My lawyer said I ain't got no worries about upkeep. That kinda has me worried.

How about highway right of ways? Who is resposible for that fence? If the State puts in a new highway and replaces the old fence is the land owner assesed the payment?

What about right angle "Jogs" in the fence with the same landowner? Is it considered a straight line or a separate fence so the right half of the jog is mine? It is difficult to put into words what I can see out my window.

Thanks again.

The 'Bonker

 

[iowaqdm]

Just a question. It is my understanding that your half of the fence must be equal to or better than the neighbors when building it. Is this true? For example, if you neighbor builds a 4 strand barb wire fence your supposed to build a 4 strand not a 3 strand. Is there a standard?

 

[dbltree]

[ QUOTE ]
Just a question. It is my understanding that your half of the fence must be equal to or better than the neighbors when building it. Is this true? For example, if you neighbor builds a 4 strand barb wire fence your supposed to build a 4 strand not a 3 strand. Is there a standard?

[/ QUOTE ]
I haven't heard that? I've seen one person put up barbed wire and the other put up woven wire. I've also seen everything from cattle panels to electric fence used. That's where the fence trustees come in to help settle any disputes

 

[Danno]

I think it has to be a legal fence. That is there is a legal standard for border fences. I don't think it has to be any better than that just because the neighbor does something.

 

[larsen]

Well I settled it. I ran a wire from my last post to his corner post. Which he should have done in the first place.

His new post is about 2ft off the line to my side. He's going to move it. Thanks for all your advice and from the sounds of it this turned out to be an educational post for a few.

 

[JOHN DEERE]

Boyd,

I took an AG Law course last year, hear is a quote from the readings.

Most state statutes have a process that can be invoked to compel a landowner to repair his or her share of an existing fence or erect his or her share of a new fence. If the adjoining owner makes no effort to comply within a reasonable time, a written request should be made of the fence viewers to hear the dispute and make a determination. The fence viewers determine any maintenance responsibility and will establish a deadline for when the work is to be accomplished. If the work is not accomplished by the proper party, the fence viewers will have the other party make a deposit to cover the cost involved and will hire the work done and then charge the account to the noncomplying party in the form of additional property taxes.

If you have any extra questions, I would contact Roger McEowen at ISU. He is a professor and extension specialist and is an expert in Ag Law.