So we’re at the “pray that a ‘for sale’ sign shows up next door” point, right? :lol:
In all seriousness…that sucks, I’m sorry. Neighbor stress is the worst 
:no:
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She has been posting on FB about offloading fence materials (great!) and also a video of her with another dog doing their “new daily chore” of walking the fence line. You bet I screen capped that. I know it’s probably to needle me, but actually is a bonus for me.
When I told them retain an attorney, she was full of excuses about how it only happened a few times with the cows and that the dog kept breaking his tether but it was fixed now (permanently chained outside now from what I can see) and how I had always been reasonable and understanding that “shit happens,” that they hadn’t “charged” me for fence maintenance to this point. So, I’ll wait for a letter from an attorney I guess.
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I am confused… Why would she be getting rid of fence material exactly? Is there a market there for fencing that does not work?
neighbors got goats, one decided it wanted to be in our pasture…so I take it back, next day goat is back so I call animal control since I am in a city and we do have an animal control officer, but they said they were busy so I take goat back again, next day goat is back in my pasture…called animal control again …how do you know its the same goat, well I know its the same goat because to put a red dog collar on it so I could drag it back to the neighbors… officer said they could not come right now but would be there later, I drag goat back to the neighbors… next day goat is in pasture again. This time I take goat out to the front yard and kick it out to let it run to who knows where… did not see goat for two months
Animal control asked me about the goat what did I do… I just said what goat?
Oh sorry no, offloading from the truck.
Judging by the timing of the spark arc on youtube, I believe the electric power is coming from a fencer. No worries about over charge or safety. The neighbor may get a burnt fence post or insulator, but nothing you have to be concerned about. Unless, you’re a ham radio operator.
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That delightful person next door is lucky someone hasn’t nailed one of her wandering animals with a big truck, and invited her to the BBQ.
I hope the attorney charges them a bundle, and then tells them to stuff it, because they are so wrong legally, and pathetic excuses for human beings too. Unless the attorney just wants to make a ton of money off of them.
Bad neighbors stink.
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“In this state, fences on adjoining properties must be paid half by one and half on the other, as long as both halves are using it, as in it encloses both properties.”
Doesnt that apply only to fences on the property line?
My property, since I didn’t fence to my fence line anywhere along any property line, isn’t truly enclosed because the guy on the back side is fenced about 7’ inside his property. They argued that since I put up an electric gate on my driveway, my property was now enclosed and I needed to pony up."
I am still confused. Are you & the bad neighbor sharing a fence? I thought you put up a fence inside your property line between the neighbor and you and their fence was sparking.
Sorry, its an older thread and I started to re-read it from the beginning but skipped through it.
No, you are correct. There was a pre-existing fence line onto or very close to the property line when we both purchase to our properties. But I never once used the fence line, choosing instead to install fence several feet inside of my property, anywhere from 2 feet to 10 ft. They did not maintain their fence line, including keeping it electric, for the last 2 years.
My property has preexisting (and mostly falling down) fence on the other side and the back side, but it is even farther from my horses plus the back side fence is NOT on the property line. They claim that my installing an electric gate, which they knew was because I was tired of my circular driveway being used by the general public to turn around, makes my property “enclosed” and I now must contribute to their fence fund.
Sounds as if, at best your property was 3/4 fenced (electronic gate or not), so was never “fully” enclosed.
Would it be helpful to remove the unkept fence? Would you need permission from the adjacent neighbors to do so?
I probably would, yes.
you are aware of adverse possession of land when the fence is not on the property line and the adjacent owner uses that part of the land?
https://en.wikipedia.org/wiki/Adverse_possession
Here, after so many years, the one encroaching can claim the land as theirs.
Your fence not being right on the property line may be giving away those feet to your neighbor, if enough time passes with him having access to that land.
Page two, bluey.
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Thanks Simkie
I’m just reading the last few pages of this resurrected thread. The legal term you’re looking for (I think) is not adverse possession. I’ll repost if I remember the term. It’s when someone has used property over time for a trail, road, etc. that is the private property of another person. There’s a thread about a dog bite case on COTH in OT ( I think). It’s discussed there. An attorney chimed in to clarify the difference between the two.
If I’m reading this right, you have an adjacent neighbor. Your adjoining fence is several feet inside your property line. Consider posting a “Permission to pass revocable at any time” sign on that fence to preserve your rights.
I’m unclear as to what fence the neighbor’s critters are getting through. I’m more unclear as to what theory of law your neighbor is using to assert you have to contribute to their fence costs.
Fence or no fence - their legal obligation is to keep their animals on their property. And, they are liable for damages caused by same. Sounds like you’ve been more than generous with the s** happens theory. Your neighbor is lax. Hope they do go forward with a fence. You may want to consider putting in writing that you have no legal obligation to pay for their fence installation. Good luck.
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Law stuff;
http://app.leg.wa.gov/rcw/default.aspx?cite=16.60
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an enclosure, so that such fence may also answer the purpose of enclosing his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them
The law says she has no obligation to pay for the neighbours fence. If you have built your own fence inside your property line, then you would have to attach that fence to your neighbour’s fence to create an enclosure. My guess is that will not be happening!
Posting no trespassing notices on your property line is the thing to do.
As long as you have a strip of land between the fences that is open both ends (cos it’s on your property) there is no enclosure.
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To answer, there is a four strand polyhot fence on or close to the property line. The former owner had cows and kept the fence hot. He sold both properties, so my new neighbors got cows but I guess either a) the old owner took his fence charger or b) something broke??? Quien sabe?
I fenced inside my property because I sensed a brewing issue, and nothing of mine touches the fence on the property line. They are also not using any of my property. I agree I did not use the fence to make an enclosed but they are saying I did because my fence along the road is now “whole” with the addition of an electric gate that has been up for a couple months now.
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This situation sounds infuriating. The delusion and entitlement of some people never ceases to amaze me. I would bet you anything that if they have actually consulted an attorney either 1) their attorney’s actual words were nothing close to what they’re telling you (and stupidity, delusion, and/or lies are filling in the gaps) or 2) they misrepresented the situation to the attorney (“Jenners put a gate across her driveway and now her property is fully enclosed!”).
Are you maybe thinking of a prescriptive easement? It’s the same concept as adverse possession but AP results in ownership of the land whereas a PE just allows the encroacher to use it in a specific way. (Anyway, OP has stated repeatedly that she knows about the issue and will not allow it to happen, so no worries there.)
@TheJenners do you have a survey and KNOW, for sure, where that property line is? If not, it might be prudent to have that info, especially if the neighbors are doing more fencing.
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Yes. The term was prescriptive easement. Thanks. We’ve always put the fences up just inside our property line. Primarily for this reason.
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