Thanks for all the input. The owner is out of State now, so I don’t know when or if this will happen. He is full of conspiracy theories, so it will be interesting, and I think he will give us ample warning if/when he decides to go ahead with it. Maybe he’ll sell us the boards, and we can move them to our posts!
Great idea to ask if you can buy the materials rather than buy the fence where-is. Eliminates the property line issues which you’d have to repeat if/when new buyer comes along. Hard to believe he’d refuse, since it would offset his cost for removal. Good luck!
[QUOTE=twelvegates;7570427]
…I really wish I could understand his motivation. All he would say is that he didn’t want the fence to become an eyesore!?! It’s a perfect, four board fence, in good nick. A small section of it did burn in the fire, but we replaced it and repainted it. My husband pressed him for an explanation, and he changed the subject…[/QUOTE]
tell him you can’t afford to replace with a really nice fence at this time so you’ll be making due with a collection of pallets propped up - find a picture to show him what it will look like (I’ve seen pictures of this done - think is was by people that had sheep - it’s, shall we say, picturesque)
but seriously - do go out and get photos to document what is currently there
[QUOTE=SGray;7574978]
tell him you can’t afford to replace with a really nice fence at this time so you’ll be making due with a collection of pallets propped up - find a picture to show him what it will look like (I’ve seen pictures of this done - think is was by people that had sheep - it’s, shall we say, picturesque)[/QUOTE]
Hmmm – this might be useful! Thanks for the tip.
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Yeah, ask him to leave the fence, but if he won’t, offer to buy the materials. He oughta love that. Then put up a new fence well within your boundaries. If he won’t sell you the materials, tell him you will have to put up a fence somehow, and if he won’t sell you the materials, you’ll have to use car tires, old plywood, a bathtub, etc.
Frankly, no matter what happens, I would put up my own fence well within my boundaries just so no matter what he did I would be safe.
Good luck.
I am confused.
You know it is his fence on his property but are upset that he wants to do something with his own fence (take it down) because it is inconvenient for you as you would have to buy your own fence so you want to find some law that makes him keep a fence that allows you to use part of his property.
I like the idea of offering to buy the materials off him and then putting the fence up on your own property. That seems like a win win for both of you.
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[QUOTE=trubandloki;7576741]
I am confused. You know it is his fence on his property but are upset that he wants to do something with his own fence (take it down) because it is inconvenient for you as you would have to buy your own fence so you want to find some law that makes him keep a fence that allows you to use part of his property. I like the idea of offering to buy the materials off him and then putting the fence up on your own property. That seems like a win win for both of you.[/QUOTE]
<sigh>
I’m not upset, I’m surprised that after living side by side for 15 years, our formerly very nice neighbor wants to remove a fence that we’ve maintained all these years, for no apparent good reason.
While he doesn’t owe us an explanation and can do what he wants with his land, I thought the fence issue might be different. The oddities of fence law are a very western-US issue, and I asked if anyone had any thoughts.
A link was provided that gave me information I had not known. If you read the link, you will see that there is a possibility that the fence is owned by both of us, in its entirety.
What I haven’t mentioned is that we were just about to put our place on the market and he reported this to us after learning of our intention. Maybe he just wanted to give us a “heads up” that he is removing and destroying 600’ of four board fence, in perfect condition, between our properties.
Yesterday, we offered to buy the materials, and he texted back that he did not want to sell them because he wanted to burn them. We then offered to remove, reposition and repaint the entire fence line and he got angry and said he simply wanted to destroy it.
We’ve never had any issues with this neighbor. None. My gut feeling is that he’s gone off the deep end since the fire (he was poorly insured and can’t afford to rebuild.) Like I said, I just don’t know.
Fence law is pretty strange here too, and clear cut about who owns what. That link OP posted looked a lot like the goat man down the street - he used part of the sidewall lining of an inground swimming pool - very classy - and his goats got really good at scaling the pallets too.
I’m thinking that it’s as Op’s said, he’s gone a bit off the deep end thinking that there will be value for someone else in the existence of the fence and he got burned out and is broke - if uninsured though, that’s his own fault.
[QUOTE=twelvegates;7578282]
Yesterday, we offered to buy the materials, and he texted back that he did not want to sell them because he wanted to burn them. We then offered to remove, reposition and repaint the entire fence line and he got angry and said he simply wanted to destroy it… My gut feeling is that he’s gone off the deep end since the fire[/QUOTE]
Yeah, definitely sounds like PTSD. Ugh.
[QUOTE=twelvegates;7578282]
Yesterday, we offered to buy the materials, and he texted back that he did not want to sell them because he wanted to burn them. We then offered to remove, reposition and repaint the entire fence line and he got angry and said he simply wanted to destroy it.
.[/QUOTE]
If the fence is as old as you may think, it may have lead based paint on it… you can take a chip sample and have it tested
Can you get a few pigs for a while? He might have a differing thought once they start eating his lawn.
When a local church wanted to put lights on their softball field the neighbors protested the lights so after it was brought to their attention another use that the land was zoned for was a feed lot… well the ball park now has lights.
I know this is an old post but everyone who posted here is thinking that the property owner is required to keep a fence between his property and the other adjoining property. He is not . [h=1]Open Range and Fencing[/h]
In Colorado, landowners have the inherent right to fence their land or leave it unfenced. In the early 1880’s the Colorado legislature passed a “fencing” statute. This statute is commonly referred to as the “open range” or “fence out” statute. “Open range” is a definition of land, not a law.
Any person maintaining in good repair a lawful fence may recover damages for trespass from the owner of any livestock that break through such fence. Refer to CRS 35-46-102. Livestock invading fenced property is not a criminal offense, but civil recourse is available to the property owner.
Without a “lawful” fence, the landowner has no civil recourse for damage done to their property by trespassing livestock. Fencing your property, either as a good neighbor or in cooperation with the owner of the livestock, is a way to avoid future conflicts and problems. When property is protected by a lawful fence civil recourse is available to the landowner for damage caused by trespassing livestock. The burden of proof falls upon the landowner to prove the livestock broke through their legal fence and did not come through an open gate or an unfenced portion. It is legal to take custody of livestock found trespassing on your property. Keep in mind that when you do so, you become legally responsible for their care and feeding. Refer to C.R.S. 35-46-102. You must notify your local brand inspector and the sheriff’s office when livestock is held for trespass damage.
“Open range” does not mean a stockman can simply allow their livestock to run at large without penalty. CRS 35-46-105 “Grazing on roads and in municipalities” and CRS 35-47-101 “Horses and mules running at large” are two statutes to deal with negligent livestock owners. These statutes can be used by local law enforcement to help curtail animals being allowed to run at large.
A livestock owner is not responsible for the accidental trespass of their livestock causing damage on another’s property not protected by a “lawful” fence. A “lawful” fence is defined as a “well constructed three barbed wire fence with substantial posts set at a distance of approximately 20 feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency.” Fence law does not shield a livestock owner from an action of personal injuries caused by their livestock trespassing on the land of others. Most alarming is the fact that the “fence law” will not bar an action for escaped livestock involved in an accident on public highways.
Most livestock owners do not intend for their livestock to stray and will respond quickly to recover them. Be aware of who is running livestock in your neighborhood. If you find livestock running loose, try to notify the owner immediately. If you do not know who owns the livestock, contact the local brand inspector and the local sheriff’s office. If the livestock are in danger and loose on a public road, try to contain the livestock and move them away from the road. Call for help immediately from neighbors, the sheriff’s office and the local brand office or inspector. Any thing you can do to avoid an accident will be greatly appreciated by the livestock owner and the general public traveling on the road.
I know this is an old post but everyone who posted here is thinking that the property owner is required to keep a fence between his property and the other adjoining property. He is not .
Open Range and Fencing
In Colorado, landowners have the inherent right to fence their land or leave it unfenced. In the early 1880’s the Colorado legislature passed a “fencing” statute. This statute is commonly referred to as the “open range” or “fence out” statute. “Open range” is a definition of land, not a law.
Any person maintaining in good repair a lawful fence may recover damages for trespass from the owner of any livestock that break through such fence. Refer to CRS 35-46-102. Livestock invading fenced property is not a criminal offense, but civil recourse is available to the property owner.
Without a “lawful” fence, the landowner has no civil recourse for damage done to their property by trespassing livestock. Fencing your property, either as a good neighbor or in cooperation with the owner of the livestock, is a way to avoid future conflicts and problems. When property is protected by a lawful fence civil recourse is available to the landowner for damage caused by trespassing livestock. The burden of proof falls upon the landowner to prove the livestock broke through their legal fence and did not come through an open gate or an unfenced portion. It is legal to take custody of livestock found trespassing on your property. Keep in mind that when you do so, you become legally responsible for their care and feeding. Refer to C.R.S. 35-46-102. You must notify your local brand inspector and the sheriff’s office when livestock is held for trespass damage.
“Open range” does not mean a stockman can simply allow their livestock to run at large without penalty. CRS 35-46-105 “Grazing on roads and in municipalities” and CRS 35-47-101 “Horses and mules running at large” are two statutes to deal with negligent livestock owners. These statutes can be used by local law enforcement to help curtail animals being allowed to run at large.
A livestock owner is not responsible for the accidental trespass of their livestock causing damage on another’s property not protected by a “lawful” fence. A “lawful” fence is defined as a “well constructed three barbed wire fence with substantial posts set at a distance of approximately 20 feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency.” Fence law does not shield a livestock owner from an action of personal injuries caused by their livestock trespassing on the land of others. Most alarming is the fact that the “fence law” will not bar an action for escaped livestock involved in an accident on public highways.
Most livestock owners do not intend for their livestock to stray and will respond quickly to recover them. Be aware of who is running livestock in your neighborhood. If you find livestock running loose, try to notify the owner immediately. If you do not know who owns the livestock, contact the local brand inspector and the local sheriff’s office. If the livestock are in danger and loose on a public road, try to contain the livestock and move them away from the road. Call for help immediately from neighbors, the sheriff’s office and the local brand office or inspector. Any thing you can do to avoid an accident will be greatly appreciated by the livestock owner and the general public traveling on the road.
