# Legal question about property line fencing???



## sharon (Aug 3, 2008)

Okay, I know I can depend on getting some good answers from this forum, so here goes...
We bought 40 acres 4 years ago, here in E. TN.  It was part of an old dairy farm, with other plats selling at the same time.  After we closed on ours, we put up woven wire pasture fence to enclose all sides.  We DID NOT put the fence on the line, but dropped back on our side 6 inches.  This was to prevent "community" usage, for various reasons.  Later, a 34 acre piece beside of us sold.  Now, it's for sale again and the owners are advertising our fence as part of the selling points, even though they're aware of its location.  We've contacted them twice (last time 10PM tonight) about it, trying to avoid any trouble with potential future neighbors, but to no avail, as of tonight.  What do y'all think?  I feel that advertising our fence is like advertising our barn...they're both on our property and they're not for use to just anybody!  Thanks!!


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## Daddy Rabbit Kennels (Aug 4, 2008)

*``````````````````````````Rabbit Tracks Ever where```````````````>*

If I was to buy that property, First thing we would have a Survey done!

I have a 50 A. piece of property, here in Franklin, County, Ga. bought it 20 years ago. There was an old barb wire fence around one side.

This property is  shaped, like a piece of pie, trangler in shape with a big creek, on one side and a smaller stream on the other side. There was no questions about the center line of the creek &  branch, being the property bounders. The old fence has been nailed to trees and very few post, but was a few old steel post, etc.  

When it was Officcally Surveyed, found that the line was not correct at all? I lost some proprety but gained other places, at one point, I crossed a Ga. Power line that I did not know, that was my property at all?

Once it is Surveyed, this will stand up in a Court Of Law!!

Good Luck, and may God bless.

Keep Looking Up

Daddy Rabbit,~~~~~ Rabbittown U.S.A.~~~~~~~~~~~~~~~~~>


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## 60Grit (Aug 4, 2008)

Daddy Rabbit Kennels said:


> Once it is Surveyed, this will stand up in a Court Of Law!!


 
Not necessarily.


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## sharon (Aug 4, 2008)

ttt


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## bull0ne (Aug 4, 2008)

sharon said:


> Okay, I know I can depend on getting some good answers from this forum, so here goes...
> We bought 40 acres 4 years ago, here in E. TN.  It was part of an old dairy farm, with other plats selling at the same time.  After we closed on ours, we put up woven wire pasture fence to enclose all sides.  We DID NOT put the fence on the line, but dropped back on our side 6 inches.  This was to prevent "community" usage, for various reasons.  Later, a 34 acre piece beside of us sold.  Now, it's for sale again and the owners are advertising our fence as part of the selling points, even though they're aware of its location.  We've contacted them twice (last time 10PM tonight) about it, trying to avoid any trouble with potential future neighbors, but to no avail, as of tonight.  What do y'all think?  I feel that advertising our fence is like advertising our barn...they're both on our property and they're not for use to just anybody!  Thanks!!



I wouldn't sweat it too much. Just make sure your property corners are clearly marked so the prospective buyers will see your fence as being clearly on your property and not being on the property line.

It should explain it's own self to anyone looking to buy the adjoining tract and they will spot the false advertising ploy on the part of the seller.


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## Jack Ryan (Aug 4, 2008)

sharon said:


> Okay, I know I can depend on getting some good answers from this forum, so here goes...
> We bought 40 acres 4 years ago, here in E. TN.  It was part of an old dairy farm, with other plats selling at the same time.  After we closed on ours, we put up woven wire pasture fence to enclose all sides.  We DID NOT put the fence on the line, but dropped back on our side 6 inches.  This was to prevent "community" usage, for various reasons.  Later, a 34 acre piece beside of us sold.  Now, it's for sale again and the owners are advertising our fence as part of the selling points, even though they're aware of its location.  We've contacted them twice (last time 10PM tonight) about it, trying to avoid any trouble with potential future neighbors, but to no avail, as of tonight.  What do y'all think?  I feel that advertising our fence is like advertising our barn...they're both on our property and they're not for use to just anybody!  Thanks!!



You made a mistake not putting it on the line. 

Move your half of the fence to the property line and then tell the bordering property owner to put up their half. If they don't then call the county tax assessor to have them billed for the expense of their half of the fence.

Essentially, you are in the process of giving away 6 inches of your property if you haven't already. You need to research the adverse possesion laws for your specific area right away.

The legal description will over ride the survey or acerage claims in a court of law every time, such as "from the fence next to the... to the center of the such and such road..."


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## Redbow (Aug 4, 2008)

Sharon, never listen to legal advice from a public forum, or at least I would not! In a situation like you have,,consult a lawyer and get your information straight from him or her!

It might cost you a few dollars but piece of mind would be worth it to me!!!

Good luck .....


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## sharon (Aug 4, 2008)

Jack Ryan said:


> You made a mistake not putting it on the line.
> 
> Move your half of the fence to the property line and then tell the bordering property owner to put up their half. If they don't then call the county tax assessor to have them billed for the expense of their half of the fence.
> 
> ...



We've contacted an attorney about the various possibilities and he's agreed that this fence is ours and as long as we maintain the 6 inches on the other side, we will remain in possession.  The property has been surveyed and the corner pins are in place and marked, so any potential buyer will know where the line is.  We were just concerned about the listing advertising our fence as theirs.  Thanks!


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## Jack Ryan (Aug 4, 2008)

sharon said:


> I was born and raised as deep the country as possible & apparently you've never heard the good advice of "a good fence makes a good neighbor", so I'm wondering about your "country" background??  As far as this situation, it's a common practice to put your fence on YOUR side of the line, if you don't, the neighbors side belongs to him.  You may have plenty of money to fence your neighbors property, we don't...and we don't want the possibility of the neighbors livestock tearing up their side (you remember, the one we paid for) and him not fixing it.  It sounds like you'd be the city slicker that came out and decided your neighbors fence looked real appealing!  How 'bout his barn or house?  You want to use that, too??  Maybe, milk his cow or graze his pasture??  We paid for the land and the fence and we don't plan to share.  I guess you hunt on other folks leases, too??



It's common practice in nearly every county in the eastern united states, that is classified as a "fence in" for bordering property owners to share the fence adequate to contain livestock. You always "own" the fence from the middle of the line to the right and the bordering owner "ownes" the fence to his right from the middle. You are required to build, up keep and repair your side to adequately contain live stock and he is responsible for building and repaing his if a tree or such should fall on it.

You can not require the bordering owner to build his half of the  fence until you have completed your own. It doesn't matter if he has live stock or not.

These fence laws do vary from state to state but most are pretty similar to this one. You need to research the exact statutes for your state and county both.


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## DYI hunting (Aug 4, 2008)

Tell him you will post LARGE signs along you fence that it is not the property line or a community fence unless he changes his listing or pays half the cost to move the fence to the property line.


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## vol man (Aug 4, 2008)

First off - why would you not let your neighbor tie to your fence?  That is just dumb. 

Second - by building the fence 6 inches off of the line you have essentially vacated 6" of you land.  You still own that land, still pay taxes on it, but now you can't practically use it.

Third - why do you care how they are marketing the adjoining property?  It does not diminish your ownership of the fence.  It is still yours no matter what the real estate agent says to a potential buyer.  If you decide to be a jerk and not let your neighbor tie to the fence you can deal with that when you have a new neighbor.  You are not going to change anything by complaining to the real estate agent now.

RELAX - until someone has infringed upon you or your property your efforts and worries are moot.


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## sharon (Aug 4, 2008)

DYI hunting said:


> Tell him you will post LARGE signs along you fence that it is not the property line or a community fence unless he changes his listing or pays half the cost to move the fence to the property line.



I did contact him by email last night...waiting to hear.  I've also researched this a little on the web.  According to different sources, when fencing is placed on the line, both property owners should agree to it and each pay half.  I did mention in my msg. that we would post signs, glad someone else thought that was a good idea!!


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## GTBHUNTIN (Aug 4, 2008)

I am not going to get into this whole argument that has erupted about where your fence is.  Its your property do what you want with it CAUSE YOU PAY FOR IT!!!  Now for your situation I would not do anything about the neighbors advertising but I would put up signs that were very visible saying this is a private fence etc.  Bad thing about that is that your new neighbors may get a bad vibe about you from the get go....judging a book by the cover sorta deal.  What ever you do good luck!


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## Jack Ryan (Aug 4, 2008)

Redbow said:


> Sharon, never listen to legal advice from a public forum, or at least I would not! In a situation like you have,,consult a lawyer and get your information straight from him or her!
> 
> It might cost you a few dollars but piece of mind would be worth it to me!!!
> 
> Good luck .....



Better yet, do your own research for free and actually know the law. Most lawyers don't know most of the property laws concerning fences and right of ways. Hardly any lawyers know them all.

You are always better off knowing THE TRUTH for your self than paying some one else for what they thought was important when they were still a green kid in college.


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## Jack Ryan (Aug 4, 2008)

sharon said:


> We've contacted an attorney about the various possibilities and he's agreed that this fence is ours and as long as we maintain the 6 inches on the other side, we will remain in possession.  The property has been surveyed and the corner pins are in place and marked, so any potential buyer will know where the line is.  We were just concerned about the listing advertising our fence as theirs.  Thanks!



In most states you can protect your rights just by giving them written permission if you want to allow them to mow it. 

For adverse possesion they must use it openly with out permission to gain possession. Your permision may be revoked at any time just as it was given freely at any time.


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## Sargent (Aug 4, 2008)

I started to spew out advice, but I then realized you are in Tennessee.   I don't know how TN real estate law reads, so I would contact a real estate attorney to get a qualified opinion.  

My first thought is that it is six inches.  How long is the span of the fence?  

Second, the listing agent/owner may or may not be marketing it correctly.  If they say "fence on property" they are mis-leading potential buyers.  If they say "property is fenced in" or something like that, they are right on the money.

Owners and agents must disclose everything they know about the property.  So you said you told them..... Do you have any proof?

I would do this today:  Send a letter via certified mail with return receipt to them stating your position.  You will have more of a leg to stand on if you decide to pursue it legally.

Speaking of that- If you decide to pursue it I believe that the judge would throw it out depending on the amount of property involved (why I asked about the span of the fence).  Surveys aren't an exact science and there is an assumption of a margin of error if the amount of land affected is negligible.


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## sharon (Aug 4, 2008)

Jack Ryan said:


> In most states you can protect your rights just by giving them written permission if you want to allow them to mow it.
> 
> For adverse possesion they must use it openly with out permission to gain possession. Your permision may be revoked at any time just as it was given freely at any time.



Thank you for your responses and good advice. This question was eye opening, to say the least!


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## Jack Ryan (Aug 4, 2008)

vol man said:


> Third - why do you care how they are marketing the adjoining property?  It does not diminish your ownership of the fence.  It is still yours no matter what the real estate agent says to a potential buyer.  If you decide to be a jerk and not let your neighbor tie to the fence you can deal with that when you have a new neighbor.  You are not going to change anything by complaining to the real estate agent now.



In an adverse possesion hearing this could be considered evidence of open and flagrant use of the property. How much more open and public could you get than advertising it in the paper?

The problem now is how do you maintane 6 inches of property on the other side of your fence with out tresspassing on a neighbor you have just pss off?

You own it sure, but what did you gain other than a bad relationship with your neighbor?

It's always best to know your rights and exercise them in the common way for the region. "When in Rome do as the Romans have a right to do and what the Romans expect you to do if you want to get along with the Romans."

Othewise, expect to learn every lesson on your own, the hard way, as the neighbors laugh instead of helping you.


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## sharon (Aug 4, 2008)

Sargent said:


> I started to spew out advice, but I then realized you are in Tennessee.   I don't know how TN real estate law reads, so I would contact a real estate attorney to get a qualified opinion.
> 
> My first thought is that it is six inches.  How long is the span of the fence?
> 
> ...



The span of the fence is over 2500 ft.  Their listing says, "3 sides of property fenced", when there's only 2 sides of THAT property fenced.  We first contacted them by phone about 3 months ago, when they first listed the property for sale, then we called again last night, after noticing that the info sheet was worded the same.  After speaking with the person, I emailed them to "start" a paper trail.  We're going to wait a little while to see what happens.  Thanks!


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## Jack Ryan (Aug 4, 2008)

sharon said:


> Thank you for your responses and good advice. This question was eye opening, to say the least!



Keep in mind that I live in Indiana. My advice is base on the sumation your laws are at least similar. I am pretty sure the adverse possesion laws are pretty consistant nation wide other than the time frames vary state to state.

Fence law can vary from county to county. It's best to know it for your self, you can't count on an attorney. He won't pay the bill for a fence built wrong because he gave you bad advice. Find the oldest farmer around who's doing what you want to do and his advice will be worth more than all the slimy lawyers in any city.


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## Jack Ryan (Aug 4, 2008)

sharon said:


> I did contact him by email last night...waiting to hear.  I've also researched this a little on the web.  According to different sources, when fencing is placed on the line, both property owners should agree to it and each pay half.  I did mention in my msg. that we would post signs, glad someone else thought that was a good idea!!



I wouldn't post any signs out of the ordinary "No Tresspassing" signs.

It won't accomplish any thing other than making an enemy of some one you want to get along with. They still are under the same responsibility to know the property line and obey the law, sign or no sign.


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## dawg2 (Aug 4, 2008)

I put my fence right on the line.  I don't lose any land.  If they want to tie in, they can have at it, but I would expect them to help in the cost of repairs.  It's not that big of a deal if they tie in, it'd more important for me to get every inch of land I pay taxes on.


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## slightly grayling (Aug 4, 2008)

Sharon:
Good luck with your fence line.  I've read through the thread and wondered if you have survey monuments on the property corners.  I would think concrete survey monuments would go a long way establishing ownership.
-SG


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## crow (Aug 4, 2008)

Sharon, just curious, what is your problem with a neighbor tying into you fence?  Is that worse than having a double fence on your line and you losing 6" over 2500 feet?  I agree it is your land to do with as you please; I'm just having a problem seeing your reasoning.  I've owned property in the country (MS) and I mean sure nuff country (Evergreen community on Gum Branch Road..now get more country than that!) and I've never had any problem with common fences.  Have you had previous problems tied to this issue that would cause you to have this opinion?  If so, I'd like to hear it.  

Not comdemning, just having a hard time seeing your reasoning.

crow


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## Sargent (Aug 4, 2008)

trckdrvr, 

You have some un-resolved issues.  Does her situation effect you personally?  Does it matter?  Is it worth you getting upset over?

This person is asking advice.  She did not ask for a verbal lashing.

Sharon- 1250 sq ft is about .02 acre.  I think that you have a 50/50 shot at getting a judgment if you took it to court.  It depends on the judge. 

If it were me, I'd let it slide.  Time, attorneys fees, and court costs will add up in a hurry compared to the possible judgment you would get from the current or new owners.  It stinks, but it is a lesson learned. 

I would, however, send a certified letter to the new owners letting them know that the fence is on your property by six inches and it belongs to you (they cannot alter without permission).  Include a copy of the survey with this letter.


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## sharon (Aug 4, 2008)

All this is well and good when a neighbor uses your fence and everything happens as it should...a tree on their side falls and they repair it, their bull runs through it and they repair it...but surely we all know that things don't always happen as they should and then, what's next?  An argument about who pays for what and when, while your livestock gets out, your property's damaged, etc.  We put the fence up 6 inches on our side for a reason.  We know that the fence will be maintained, repaired and paid for if it's damaged.  We also know that if someone uses that fence without our permission, (as some of you have suggested) there'll be a gate put in (on OUR fence) and their livestock will become ours...hope it never comes to that.  You can call me names, you can laugh, you can point your fingers and say what you'd do, but unless you've been in a situation where these things have happened, you need to back up.  We have wonderful farming neighbors, not 10-15 acres, but 500+ acres, with dairys, soybeans, corn production, hay fields, all around us and they've fenced the same way for the same reasons.  We fenced after talking to some of the most well established (over 100 years) farm families...we know that the 6 inches is lost to our daily use, but the other reasons were more important.  We didn't do this on a whim and we're not backing off on a whim or for the reason that we might be called "bad neighbors".  We're here for anybody that needs anything in this very rural community.  We let folks hunt our woods, fish our creek...we take food to the bereaved, we return hunting dogs to their owners, we help fix fence or build barns, helped a neighbor last week bale and put up 300 acres of hay (with our tractor), we feed and water pets and livestock for folks when they're out of town, we check on our elderly folks that live alone, and we're treated the same.  So, for all you folks that want to call me names and make fun, come ahead.  I guarantee that you'd want me for a neighbor for the same reasons you're p****d off...I take care of my stuff and leave yours alone...we just want the same courtesy.  To me, that's the ultimate neighborly act!  It wouldn't bother me in the least to have to put up my own fence, instead of using my neighbors...why does it bother some of you?


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## sharon (Aug 4, 2008)

Sargent said:


> trckdrvr,
> 
> You have some un-resolved issues.  Does her situation effect you personally?  Does it matter?  Is it worth you getting upset over?
> 
> ...



Thanks much for your response!  The letter will be the next step, if necessary!!  Thanks again!


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## Jim Thompson (Aug 4, 2008)

man now that one will put our editing rations out of whack!

sorry the thread got so far off base, I cleaned it up.

now back to the regularly scheduled....


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## tv_racin_fan (Aug 4, 2008)

Fencing laws can indeed be a pain in the rear. All I really know is IF I chose to fence my land and not put the fence right on the line for whatever reason it would then have to be 6 feet or so off the line so that I would have unfettered access to both sides for maintenance.


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## sharon (Aug 4, 2008)

nevamiss270 said:


> trckdrvr just likes to disagree with folks - all his posts are either arguing or in disagreement with others.



Thanks to all for stepping up for me!  This ol' country girl asked a question and got some answers...not all I agree with, but the way I was raised, when you asked for something, you took it and liked it or took it and lumped it!  I also don't back down easily...that's another part of my raisin'...just another reason I love Woody's bunch!!


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## nevamiss270 (Aug 4, 2008)

No problem!


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## Twenty five ought six (Aug 4, 2008)

> Find the oldest farmer around who's doing what you want to do and his advice will be worth more than all the slimy lawyers in any city.



That's great advice.  Lawyer's get to charge twice as much for straightening out other people's messes.



> We also know that if someone uses that fence without our permission, (as some of you have suggested) there'll be a gate put in (on OUR fence) and their livestock will become ours...hope it never comes to that.



It doesn't work that way.  I hope for your sake you don't try that. Frankly, putting a fence 6" off the line is a total waste of money without any legal effect.  The adjoining landowner could easily fence up to the line, leaving a 6" gap and easily contain any large animals.  

The only way that it makes sense to back a fence off the line is as tv racin suggests, and that is to do it far enough to allow maintenance and access. There's many a fence that has a field road between it and the property line.


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## DYI hunting (Aug 4, 2008)

Do you have anything in your fence?  If not, take a 100 foot section of it down near the road.

Time for a good plywood sign near the road where any prospective buys will easily see it stating the fence is not part of the neighboring property for sale and any buyer must install their own fence or pay to build a property line fence.  Also might want to pull their plat to see if it shows the fence on it, and if it does, make sure it is not on the line in the plat.


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## chewie1014 (Aug 4, 2008)

A couple of questions/things to consider...

Why are you adamant that your neighbor not tie into your fence?  Is it because of cost for maintenance?  By having a partition fence (shared) you are actually requiring them by law to be responsible for maintaining their half of the fence (center point to the right).  You can also be compensated for half the costs required to build that side of the fence.

Next, since your fence is wholly contained on your property, you DO NOT have to allow them to tie into it.  Because you were intentional in moving the fence line in by 6 inches you have made it clear that the fence is wholly contained and private.  I believe this would stand up in court and would result in a judgment in your favor should the neighbor try to force the issue.  The question isn't whether the six inches is enough.  The question is your intention in moving it six inches.  By having a survey done and then moving the fence line in, you have made your intent clear.

Here's where it can be tricky...as already mentioned, surveys can be inaccurate and usually have a margin for error.  Don't believe me, ask GA and TN what they think about the state border around the Chattanooga river.  That was off by an entire mile.  Isn't it possible that yours is off by a foot.  Should your neighbor have a survey done and those results show the property line to be different and it actually include part of the fence, then they now have a leg to stand on and have an argument that will likely stand in court.  If two surveys show differing property lines of marginal length, and one includes the fence, it's possible a judge would decide that the 6 inch buffer is not enough to constituent a private fence and establish is a partition fence.  This would give your neighbor the right to tie into the fence despite your objection.  Again, the neighbor would be required to compensate you for half the cost and maintaining their half.  The neighbor could also be responsible to damages to your half of the fence caused by his livestock should he have any.  This is usually how it's done.  Another option is to say both neighbors own the fence and share any costs in upkeep regardless of which half it occurs on.  But again, the neighbor is solely responsible for any damage as a result of his livestock.  You are not liable for damages incurred by his animals, just natural occurrences and general maintenance.

At the end of the day, I don't understand why you wouldn't allow the neighbor to tie into your fence.  I was the first to do it on my property and have allowed 2 of my three neighbors to tie into it already.  I, of course, made sure they were aware of the responsibility they took in doing so (shared costs) though I didn't require they pay me for my costs (I was already spending the money to do it, why would I want to make money off my neighbors who are good friends).  You are protected under the law from your neighbors neglect (should it occur) and can force him to help maintain the fence and fix any repairs caused by his livestock.  Since the fence is technically wholly contained on your property you could go a step further and have an easement to your 6 inches of property granted (it's .02 acre which is no use really) in which the neighbor would have to agree to split the costs of any maintenance to the whole fence and be solely responsible for any damages caused by his livestock.  By establishing it as an easement you're making it transferable to future neighbors as well.

If I were you, and it's just me talking, I would allow the neighbor to tie into the fence so long as they were willing to agree to an established easement to the 6 inch buffer.  Not only would it make me a good neighbor, but it would make him responsible for maintaining the 6 inches of ground on the other side of the fence.  Yes, future owners would be stuck with the easement (both for me and the neighbor), but it's .02 acres.  I'd gain shared costs for general maintenance and upkeep of the fence line (currently solely paid for by me) and have the assurance/guarantee of repairing any damages caused by the neighbors livestock.  

But that's just me.

You own the land and have the right to do whatever you want within the law.  Speaking of which, it helps to know the law.  Start here:

Pamphlet from the Tennessee Farm Bureau
http://www.tnfarmbureau.org/images/Issues/TN Fence Laws-Bro.pdf

Tennessee Livestock Laws (fencing) as provided by the Univ of Texas at Austin
http://tarlton.law.utexas.edu/dawson/fence/tn_fnc.htm


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## chewie1014 (Aug 4, 2008)

More information...



sharon said:


> All this is well and good when a neighbor uses your fence and everything happens as it should...a tree on their side falls and they repair it, their bull runs through it and they repair it...but surely we all know that things don't always happen as they should and then, what's next?  An argument about who pays for what and when, while your livestock gets out, your property's damaged, etc.



If the tree falls today, you're still responsible for repairing the damages.  This is a natural occurrence and is not the fault of the neighbor.  He didn't chop down the tree.  By sharing the fence you now have someone who is legally bound to share the costs.  Now regarding livestock...this one is sketchy as the animal's owner isn't always held responsible for damages to your property if the fence can be proven to be in good condition.  Animals escape...it happens.  Same goes if the animals destroys your fence now.  Say one gets out of his fence and traverses the 6 inch gap and destroys yours as well.  You'd be responsible for the repairs so long as the neighbor could prove the fence was well built and the animals escaping were not a recurring problem.  By sharing the fence and establishing an agreement for who pays what when something happens actually will save you money should something happen.  Currently, you're likely to be responsible for all repairs by yourself.



sharon said:


> We put the fence up 6 inches on our side for a reason.  We know that the fence will be maintained, repaired and paid for if it's damaged.



You can still get this assurance from sharing the fence.  Laws are present on the books to make sure this happens.  Further, since the fence is wholly contained on your property you would have an advantage in granting access with stipulations in place should costs be incurred for making repairs.



sharon said:


> We also know that if someone uses that fence without our permission, (as some of you have suggested) there'll be a gate put in (on OUR fence) and their livestock will become ours...hope it never comes to that.



Um...it doesn't work that way.  You would actually be guilty of stealing the neighbors livestock.  Even if it became a recurring problem, you couldn't keep the cattle.  You could only take it to court and force him to fix the problem.



sharon said:


> You can call me names, you can laugh, you can point your fingers and say what you'd do, but unless you've been in a situation where these things have happened, you need to back up.



No name calling here.    But I've been in the situation before and am sharing what I've done and would do again.



sharon said:


> It wouldn't bother me in the least to have to put up my own fence, instead of using my neighbors...why does it bother some of you?



It doesn't at all and wouldn't bother me if a neighbor didn't want me to tie into a fence wholly contained within their property.  How they delivered that message might affect what I think about them.  A big sign on the fence and a certified letter would probably make me think they were not neighborly and start the relationship off on a bad foot.  I think you're absolutely correct in telling the realtor that they need to amend their language and a certified letter would be justified here.  The realtor/current owner is required by law to fully disclose the property as is and falsely reporting a partition fence makes them liable - not you.

My comments are NOT a judgment on your character, just an attempt to share what I'd do in a similar situation (and have done).  I guess I am a bit confused as to the size of the buffer as 6 inches isn't very much.  If I rode down the road and saw two fences separated by 6 inches I'd first think it was such a waste of money and resources (something I'm not fond of) and then wonder what kind of neighbors lived there.  But that'd be me wondering and I'd likely get over it 1/2 a mile down the road.


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## elfiii (Aug 4, 2008)

The placing of a fence on the property line or across the property line constitutes an encroachment in all 50 states. An encroachment automatically clouds the title of the subject property.

It is neither a legally smart or "neighborly thing to do".


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## Paddle (Aug 4, 2008)

There is a Decon of a church that lives up the road from me and he put his fence 10 foot off the line on his side just so his neighbor couldn't use it. The neighbor had to put his own fence up. 

I don't go to his church!!


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## Twenty five ought six (Aug 4, 2008)

> The placing of a fence on the property line or across the property line constitutes an encroachment in all 50 states. An encroachment automatically clouds the title of the subject property.



The first statement is simply not true.  There are common fences (and walls) all over the state in rural, suburban, and urban environments.  You don't even have to go to the country -- any subdivision is full of chain link on the lines to keep in the dogs and ankle biters.

If a common fence were a cloud on the title, the real estate industry would come to a halt.



> An encroachment automatically clouds the title of the subject property.



Anyone who would make this statement lacks a fundamental knowledge of the difference between an encroachment and a  "cloud" on a title.


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## dawg2 (Aug 4, 2008)

elfiii said:


> The placing of a fence on the property line or across the property line constitutes an encroachment in all 50 states. An encroachment automatically clouds the title of the subject property.
> 
> It is neither a legally smart or "neighborly thing to do".



Never heard of that....I'm still not moving my fence though and they can tie on if they want


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## Arrow Flinger (Aug 4, 2008)

We have about a mile of fence running 5 feet off the line.  The adjoining property is also fenced.  We did this to keep the cattle seperated and the adjoing land owner when we bought the farm was not very good at keeping their's up.  Building our own solved the problem.


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## sharon (Aug 4, 2008)

Thanks again to everyone that's taken the time to respond to my question!  It's very interesting to read everyone's take on the situation...I really like the idea of dropping back far enough to have a field road, but we'll not be moving the fence anytime soon!  I was just trying to avoid any problems with folks that might buy the land, thinking it was on that piece of property...sort of like having things in writing - no mistake or misunderstandings, then.


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## jimbo4116 (Aug 4, 2008)

Your are worried about nothing, just hope you get good neighbors.

You did the right thing by putting fence, clearly on your property.  That makes it your fence and gives you room for making repairs without tresspassing.

Adverse posession requirements vary from state to state but most require the person seeking posession must also pay the property taxes, as well as open and notorious use of the property without permission of the owner. 

Just give the new owner permission to mow your side of the fence and graze it, along notification the fence is own your property and that your permission is not tranferable,  granted to them only and and have them acknowledge it.  In writing of course.


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## Vernon Holt (Aug 4, 2008)

Some general thoughts on the subject.  I have observed a few fences in my lifetime, but I do not recall ever seeing an area fenced with parallel fencing (two separate fences) six or seven inches apart.  It just doesn't happen.

Generally, if a property owner unilatterally decides he wants a fence, he builds it without expecting anyone to share in the expense.  

Now, if he is clever, he will approach his neighbor and propose that the neigbor participate in the cost of the fence.  This should be done out front, before the const. begins.

Once the fence is built and paid for, it is unreasonable to expect a neighbor to share in the cost of a fence that you wanted and has been in place for some time.  With your unilatteraly building the fence, you have enhanced the value of your property and his as well.

Facts are, you can not prevent his benefitting from your fence.  He can utilize your section of fence without ever tieing directly into your fence on either end.  He can set his corner post ten or twelve inches away from your fence and never tie to your fence.  It would still be livestock proof (unless he were fencing rabbits).

If you cool it and just let the matter play out, any new neighbor might turn out to be the best friend and neighbor that you have ever had.  It is never wise to presume how things might work out.


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## elfiii (Aug 4, 2008)

balvarik said:


> Cannot say about the other 47 states but in 3 it is perfectly legal to "fence the line".
> 
> Mike



Didn't say it was illegal Mike. It is an encroachment. It does cloud the title. 

The best thing to do is build the fence inside the line on your property. Then there are no disputes, now or later.


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## Jack Ryan (Aug 5, 2008)

Paddle said:


> There is a Decon of a church that lives up the road from me and he put his fence 10 foot off the line on his side just so his neighbor couldn't use it. The neighbor had to put his own fence up.
> 
> I don't go to his church!!



If he did that in my county and you wanted to fence in your pasture next to him, you could force him to put a second fence on the property line on his half of the common fence.

One thing to keep in mind concerning fences is that it is different when you have a  railroad traversing your property.

The railroad is required to bare the total cost of fencing off the tracks to prevent live stock from getting on the tracks. Most times the land owner just builds the fence and sends the bill to the rail road. If you do have any domestic animal killed by the train the railroad is liable for the value of the animal fence or no fence.


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## Twenty five ought six (Aug 5, 2008)

> It is an encroachment. It does cloud the title.



It's not an encroachment, and it doesn't cloud the title.

There's really no point in repeating that because it's not true.

Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.


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## chewie1014 (Aug 5, 2008)

Jack Ryan said:


> If he did that in my county and you wanted to fence in your pasture next to him, you could force him to put a second fence on the property line on his half of the common fence.



Can you provide the code that says that?  I've never heard of that in my life.  Maybe it's true for Indiana, but in GA, NC and TN (the three states I'm familiar with) you cannot force a neighbor to incur part of the costs for putting up a fence that only you want - even if it's on the property line.

I have heard of situations where a neighbor that chooses NOT to tie into an existing partition fence, but instead builds a private fence wholly contained within their land but within a certain number of feet can still be held responsible for the upkeep for half the partition fence.  The case where I've seen this only applies to livestock, not private land.


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## chewie1014 (Aug 5, 2008)

elfiii said:


> Didn't say it was illegal Mike. It is an encroachment. It does cloud the title.
> 
> The best thing to do is build the fence inside the line on your property. Then there are no disputes, now or later.





Twenty five ought six said:


> It's not an encroachment, and it doesn't cloud the title.
> 
> There's really no point in repeating that because it's not true.
> 
> Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.



This can be true and not true depending on the situation.  If both neighbors use and are tied into the fence, it is NOT an encroachment and does NOT cloud the title.  All states have rules and regulations on how neighbors share the fence and its upkeep when both neighbors tie into the fence.

Where it can be an encroachment, is when only one neighbor puts his/her fence on the property line and none of the other neighbors tie into or use the fence.  It becomes an encroachment because it's legally a partition fence and owned by both neighbors but only one is actually using the fence.  You own half the boundary line and a neighbor putting a fence on the entire line without it benefiting you is an encroachment.  No, it's not illegal.  Yes, they can stop you from doing it but it requires going to court and your likely to lose because you have to present a valid reason for opposing the fence.  Not wanting it isn't enough.  In this situation, it can cloud the title regarding who is responsible for maintaining the fence.  Most states require the landowner who installed the fence and is benefiting from it to be solely responsible for its upkeep so long as a neighbor does not tie into it.  Once a neighbor does, he/she now shares in the upkeep of the portion they're using.  Notice I said most states require this - not all.  Some are not clear on a situation that only benefits one landowner and their current laws make it seem as if both neighbors are responsible.

Amazing what you can learn from calling your local farm bureau and extension office.


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## Twenty five ought six (Aug 5, 2008)

> Amazing what you can learn from calling your local farm bureau and extension office.




Call your farm bureau office and ask them how many title opinions they have ever issued.  Ask them if they will even issue a title opinion for you.

Basically, because I don't have time to go through it, the above post is just bogus.  It's a lot more than bogus, but I don't need a PM from the mods.


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## chewie1014 (Aug 5, 2008)

Twenty five ought six said:


> Call your farm bureau office and ask them how many title opinions they have ever issued.  Ask them if they will even issue a title opinion for you.
> 
> Basically, because I don't have time to go through it, the above post is just bogus.  It's a lot more than bogus, but I don't need a PM from the mods.



I didn't say call them and ask for a title opinion.

But calling them with a question regarding agriculture/livestock fencing will provide you with some information.  In some states, building a fence on the property line without any other neighbor tied into the fence IS AN encroachment.  That is fact.  In some states, the rules regarding a common fence (one built on the property line) state that the landowners sharing the property line are responsible for maintaining their half of the fence, where as in others the rule are not as clear.  That is fact.  Given the above, it is a FACT that some states view common fences as an encroachment and as such can cloud a title.

Want proof?  Here in NC, a common fence is considered property of the person who installed it and as such that individual is responsible for its upkeep.  If a neighbor wishes to tie into the existing fence - meaning actually using the existing fence in constructing theirs - an agreement has to be made with between the landowners on upkeep and costs.  However, the neighbor can opt to put their corner post right beside the existing one - thus not legally tying into the existing fence - and not be held responsible for the upkeep and maintenance of the original fence.  However, they are held solely responsible for any damages resulting to the original fence caused by their livestock.  Once the neighbors reach an agreement on the common fence, it can be established as a covenant and future owners are required to oblige by the agreement.  ANY covenant on a home/property is considered clouding the title - as the title is no longer clear and free of any covenants/liens/easements.  Does this make the property less valuable?  Generally no.  But explain that to my good friends who had the buyer back out of the contract 48 hours before closing because they didn't disclose an existing covenant on a common fence shared with their neighbors.  Personally, I think the buyer was looking for a reason, but danged if they didn't find one.

So please explain how my previous post was a bit more than bogus.


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## sharon (Aug 5, 2008)

I am soooo glad that I posted this question...I've found out more about fencing than I ever dreamed and I've learned more than I could have imagined!  That's the beauty of this forum...folks will speak their mind, whether it be opinion or fact and everyone can learn something from it (maybe even find out you're a "city jerk" in some members eyes-HA!).  I hope more readers respond with their experience, opinion, thoughts...and I'll learn even more!  Thanks to ALL that take the time to post!


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## Big Texun (Aug 5, 2008)

If it were me, I'd be happy they were advertising it. Maybe the property will go for a higher price per acre. The more it sells for, the more your property is worth cause that is how most appraisals are done (comps).

You still own the fence, no matter what is advertised.

What am I missing?

BT

PS: After the transaction, I'd send the certified letter to the new owner. If he/she is upset, she can take it up with the seller who falsely advertised the property.


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## wildlands (Aug 5, 2008)

I'll jump in on this one. back in 03 I decided to start putting up a fence around my property. I started with a survey just to make sure and to get a couple of reference points along the line since it was so long, 750 across the back and 2700 down the side. I had one neighbor who had horses and had high tensiol fence up. The horses would just push the fence down and their dogs keep coming over to our pastures. I wanted to put up a field fence to keep the dogs out and other critters and my new dog in.  I ask if they wanted to split the cost of the fence down their side so that they would have a good fence, they said no. I went ahead and built the fence a couple of inches off the line. It is easily maintained by spraying. I am VERY glad I did this. As this neighbor has not maintained their fence and is letting trees grow up in their fence. That is fine what ever they want to do. They do not have any grass on their side for their horses so the horses started pushing the High tensiol down and pushing my field fence down to get to my grass. If it was a shared fence I would not have been able to go back and put a strand of barb wire right across the top like I did. You know those neighbors put up some hot wire there to keep the horses off MY fence. But if we would have put it right on the line and they did as they are doing now the fence would be a mess and I would be footing the bill to maintain it. I know I could take them to court but what kind of neighbor would I have then. This way I keep the fence in good shape, I keep their dogs out, their horses off the fence and my goats in and I have neighbors I can speak too.

Just my experience


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## elfiii (Aug 5, 2008)

Twenty five ought six said:


> It's not an encroachment, and it doesn't cloud the title.
> 
> There's really no point in repeating that because it's not true.
> 
> Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.



You're right, my real estate lawyer is wrong. Sorry for the inconvenience. I'll still put my fence on my side of the line if its' all the same to you.


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## Jack Ryan (Aug 5, 2008)

chewie1014 said:


> Can you provide the code that says that?  I've never heard of that in my life.  Maybe it's true for Indiana, but in GA, NC and TN (the three states I'm familiar with) you cannot force a neighbor to incur part of the costs for putting up a fence that only you want - even if it's on the property line.
> 
> I have heard of situations where a neighbor that chooses NOT to tie into an existing partition fence, but instead builds a private fence wholly contained within their land but within a certain number of feet can still be held responsible for the upkeep for half the partition fence.  The case where I've seen this only applies to livestock, not private land.



http://www.in.gov/legislative/ic/code/title32/ar26/ch9.html

_...
 (b) Except as otherwise provided in this chapter, and if a division of the partition fence has not been made between the property owners for the building, repairing, or rebuilding of the partition fence:
        (1) for a partition fence built along a property line than runs from north to south:
            (A) the owner whose property lies to the east of the fence shall build the north half of the fence; and
            (B) the owner whose land lies to the west of the fence shall build the south half of the fence; and
        (2) for a partition fence built along a property line that runs from east to west:
            (A) the owner whose property lies north of the fence shall build the west half of the fence; and
            (B) the owner whose property lies to the south of the fence shall build the east half of the fence.
    (c) Notwithstanding subsection (b), if either property owner has constructed one-half (1/2) of a partition fence that is not the portion 

required under subsection (b) and has maintained that portion of the partition fence for a period of not less than five (5) years, the property owner may continue to maintain the portion of the fence.
*(d) If a property owner fails to build, rebuild, or repair a partition fence after receiving notice under this chapter, the township trustee of the township in which the property is located shall build, rebuild, or repair the fence as provided under this chapter.*
...

(d) The township trustee who receives a complaint under this section shall:
        (1) estimate the costs for building, rebuilding, or repairing the partition fence; and
        (2) within a reasonable time after receiving the complaint, make out a statement and notify the defaulting property owner of the probable cost of building, rebuilding, or repairing the fence.
If twenty (20) days after receiving a notice under this subsection the defaulting property owner has not built, rebuilt, or repaired the fence, the trustee shall build or repair the fence. The trustee may use only the materials for the fences that are most commonly used by the farmers of the community.
    (e) If the trustee of a township is disqualified to act under subsection (h), the trustee of an adjoining township who resides 

nearest to where the fence is located shall act on the complaint upon receiving a notice by a property owner who is interested in the fence.
    (f) A lawful partition fence is any one (1) of the following that is sufficiently tight and strong to hold cattle, hogs, horses, mules, and sheep:
        (1) A straight board and wire fence, a straight wire fence, a straight board fence, or a picket fence four (4) feet high.
        (2) A straight rail fence four and one-half (4 1/2) feet high.
        (3) A worm rail fence five (5) feet high.
    (g) This subsection applies if a ditch or creek crosses the division line between two (2) property owners, causing additional expense in the maintenance of the part over the stream. If the property owners cannot agree upon the proportionate share of each property owner, the township trustee shall appoint three (3) disinterested citizens who shall apportion the partition fence to be built by each property owner.

...

IC 32-26-9-4
Expenses; construction and maintenance by township
     Sec. 4. (a) As soon as the township trustee has had a fence built, rebuilt, or repaired under this chapter, the trustee shall make out a certified statement in triplicate of the actual cost incurred by the trustee in the building, rebuilding, or repairing the fence. One (1) copy must be handed to or mailed to the property owner affected by the work, one (1) copy must be retained by the trustee as a record for the township, and one (1) copy must be filed in the auditor's office of the county in which the fence is located and in which the property of the property owner affected by the work is located. At the same time the trustee shall also file with the county auditor a claim against the county for the amount shown in the statement filed with the county auditor.
    (b) The county auditor shall:
        (1) examine the claims and statement as other claims are examined; and
        (2) present the claims and statements to the board of county commissioners at the next regular meeting.
Unless there is an apparent error in the statement or claim, the board of county commissioners shall make allowance, and the county auditor shall issue a warrant for the amount claimed to the township trustee submitting the claim out of the county general fund without an appropriation being made by the county council.
    (c) The amount paid out of the county general fund under subsection (b) shall be:
*(1) placed by the county auditor on the tax duplicate against the property of the property owner affected by the work;
        (2) collected as taxes are collected; and
        (3) when collected, paid into the county general fund.*
_


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## Doc_Holliday23 (Aug 6, 2008)

a fence is a fence.  what keeps things on your property also keeps things off of theirs, so *they are *benefiting from your fence, so *they can *advertise those benefits; i.e., if every landowner around me builds a fence, I've now got a totally fenced in property and if I want to sell it I can advertise a totally fenced in tract of land.  

as long as they don't mislead prospective buyers into thinking that they OWN the fence or the 6" on this side of the fence, I don't see the problem.

the barn analogy doesnt work, because you store things in your barn, or you keep livestock in it.  a fence is nothing but a border and it will always be mutually beneficial to both parties.  I mean, how does a person "use" a fence, anyways?  hang things on it?


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## LeePea (Aug 6, 2008)

You shouldn't be that worried about your neighbor thinking that your fence is there's. In the first place who ever buys the property that ajoins yours is going to have to have a survey done. When they do the survey they will shoot the fence as they do the boundary and once the survey is done and has been drawn you will see on the plat both the property line along with your fence line, so hopefully your neighbors are smart enough to recongzie that.


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## Jack Ryan (Aug 7, 2008)

sharon said:


> Okay, I know I can depend on getting some good answers from this forum, so here goes...
> We bought 40 acres 4 years ago, here in E. TN.  It was part of an old dairy farm, with other plats selling at the same time.  After we closed on ours, we put up woven wire pasture fence to enclose all sides.  We DID NOT put the fence on the line, but dropped back on our side 6 inches.  This was to prevent "community" usage, for various reasons.  Later, a 34 acre piece beside of us sold.  Now, it's for sale again and the owners are advertising our fence as part of the selling points, even though they're aware of its location.  We've contacted them twice (last time 10PM tonight) about it, trying to avoid any trouble with potential future neighbors, but to no avail, as of tonight.  What do y'all think?  I feel that advertising our fence is like advertising our barn...they're both on our property and they're not for use to just anybody!  Thanks!!



Tennessee fence laws.
http://tarlton.law.utexas.edu/dawson/fence/tn_fnc.htm

It appears to me your state is a "fence out" state unless otherwise stipulated by local ordinance.

A few highlights I think you'll find interesting.

_

44-8-101. Land in cultivation sufficiently fenced 
Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (2 1/2') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the same. 

44-8-103. Horses, cattle, and mules sufficiently fenced 
The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (4 1/2') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground. 

44-8-106. Damages for trespass -- Determination -- Recovery 
(a) When any trespass shall have been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the same fenced, as is described in ss 44-8-101 -- 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence be a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of such view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand. 

44-8-107. Defense of insufficiency of fence 
If it appears that the fence is insufficient, the owner of the animals shall not be liable to make satisfaction for the damages. 

44-8-109. Notoriously mischievous stock to be confined 
All persons owning notoriously mischievous stock, known to be in the habit of throwing down or jumping fences, shall be required to keep the same confined upon their own premises. 


44-8-110. Liability of owners of notoriously mischievous stock 
The owners of such stock shall be liable for all damages done by the same to enclosure or crops of others. 

44-8-201. Partition fence defined -- Joining fences 
Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on such person's own land. 


44-8-202. Fences to be erected and maintained at joint expense 
Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, such person shall pay to the person erecting it such person's proportion of the expense. 


44-8-203. Damages for failure to maintain fence 
If either of the persons having a joint or partition fence refuses or neglects to keep such person's part of the fence in good repair, such person shall be liable for all damages the other may sustain to enclosures or crops, by trespassing stock, in consequence of such refusal or neglect. 


44-8-204. Pay for fence 
If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in ss 44-8-202 and 44-8-206, on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it. 


44-8-205. Judgment and execution 
The freeholders, first taking an oath before the judge to discharge their duty fairly and impartially, on a day to be by them appointed, of which both parties shall have notice, shall examine the fence, and report to the judge, in writing, the amount to be paid the person erecting it; whereupon, unless the money be paid within ten (10) days thereafter, the judge shall enter up judgment (subject to appeal) and issue execution for the same. 


44-8-206. Rebuilding or repairing fences 
The like proceedings may be had in cases where partition fences are rebuilt or repaired by either of the joint proprietors, the jury of view being judges, in the first instance, of the necessity or advisability of the improvement. 


44-8-207. Fees of court and fence reviewers 
The court is entitled to fifty cents (50~) for issuing the order, and the fence reviewers to one dollar ($1.00) each, one half ( 1/2) of which is to be paid by each party; and, if not paid within ten (10) days after the report, execution shall issue for such amount. 


44-8-208. Fences not removed without six months' notice 
No partition fence, or any part of such fence, shall be removed without the mutual consent of the owners, unless the party desiring to remove the fence, or part thereof, shall first give six (6) months' notice in writing to the other owner of such owner's intention to remove the fence. After the expiration of the time of the notice, the party may remove the fence, or part thereof. 


44-8-209. Removing fence without notice a misdemeanor -- Damages 
Any person who removes a partition fence, or any part thereof, without first giving the notice required by s 44-8- 208, commits a Class C misdemeanor, and moreover is liable to the person injured for any damages sustained by reason of the removal. 



44-8-210 Disclaiming responsibility for fence erection -- Definitions.
(a) In cases when the property on one (1) side of an existing or proposed partition fence is agricultural land, and the property on the other side is non-agricultural land, the owner of the non-agricultural land may disclaim any responsibility for the erection or maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in writing, executed by the non- agricultural land owner and mailed to the owner of the agricultural land by registered mail, return receipt requested, or sent by some other means pursuant to which a written verification of receipt is obtained. The disclaimer shall be effective on the date of receipt by the owner of the agricultural land.
(b) Delivery of the disclaimer as described in subsection (a) shall have the effect of:
(1) Relieving the owner of the non-agricultural land of any responsibility to erect or maintain a partition fence pursuant to § 44-8-202; and
(2) Releasing the owner of the agricultural land from any claims by the owner of the non-agricultural land arising out of the non-existence or condition of a partition fence.
(c) As used in this section, unless the context otherwise requires:
(1) "Agricultural land" has the same meaning as set forth in § 67-5-1004; and
(2) "Non-agricultural land" means land:
(A) That is not agricultural land;
(B) That is the site of a residence; and
(C) On which the owner does not keep livestock.
(d)(1) If property that meets the definition of non-agricultural land at the time of delivery of a disclaimer as described in subsection (a) subsequently ceases to qualify as non-agricultural land, then the disclaimer, and all effects of the disclaimer as described in subsection (b), shall cease to be effective as of the date property ceases to be non-agricultural property.
(2) If a fence is erected by the owner of agricultural land during a period when a disclaimer as described in subsection (a) is in effect, and if the land owned by the disclaiming party subsequently ceases to be qualified as non- agricultural land, then the owner of the non-agricultural land shall reimburse the owner of the agricultural land a proportionate share of the cost of erecting the fence. If the parties cannot agree as to the amount to be paid to the owner of the agricultural land, the process described in § 44-8-204 shall be applicable.

44-8-406. Treated as strays when owner unknown or residing out of county 
If the owner is unknown, or resides out of the county, the same course shall be pursued by the taker-up in regard to such animals as in the case of other estrays.



_


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## sharon (Aug 7, 2008)

Jack Ryan said:


> Tennessee fence laws.
> http://tarlton.law.utexas.edu/dawson/fence/tn_fnc.htm
> 
> It appears to me your state is a "fence out" state unless otherwise stipulated by local ordinance.
> ...




Thank you for that info!  Very interesting reading...BTW, the neighbor changed the listing information sheet to read differently and has apologized for the confusion it caused, and did assure us that the new owners, whoever that might be, would know that our fence was not to be used as a "community" fence.  Hopefully, that will put this to rest!  Thanks again for all of your help!


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