There are huge posts marking corners, and it lines up. I haven’t seen an exact survey but I would be willing to let this go in this instance. They are fencing inside the current fence now and are telling me the current fence is not a legal fence and I need to maintain it. Not happening. If they are saying it’s my responsibility, I’ll yank it out and say thanks for the t-posts.
[h=3]Lawful fence defined.[/h]
A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. These wires shall be securely fastened to substantial posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart. If the posts are set more than sixteen feet apart, the wires shall be supported by stays placed no more than eight feet from each other or from the posts.
Also:
RCW 16.60.075 Breachy Animals
The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, shall be liable for all damages caused by such animal, and any and all other animals, that may be in company with such animal.
RCW 16.24.090 Animals at Large
Except as provided in chapter 16.24 RCW, a person who owns or has possession, charge, or control of horses, mules, donkeys, cattle, goats, sheep or swine shall not negligently allow them to run at large at any time or within any territory. It shall not be necessary for any person to fence against such animals, and it shall be no defense to any action or proceedings brought pursuant to this chapter or chapter 16.60 RCW that the party injured by or restraining such animals did not have his or her lands enclosed by a lawful fence: PROVIDED, That such animals may be driven upon the highways while in charge of sufficient attendants.
Penalty for chapter 16.24:
Any person, or any agent, employee or representative of a corporation, violating any of the provisions of such order after the same shall have been published or posted as provided in RCW 16.24.030 or, violating any provision of this chapter, shall be guilty of a misdemeanor.
16.24.030 is merely where a county or area may post that an area is not a “free range” area, which my county is not and has been such posted umptymillion years ago.
Your property plat will probably show the fence location. Parcel map ? Survey ?
I’m dying to know if ‘umptymillion’ is defined in the code.
I believe that whomever drew our parcel maps . umptymillion years ago, was drunk. You should see them. I paid for a survey around 12 years ago. I just had to know. You can pay for “within a few inches” which was around $400 then. Or, the supreme ‘exactamento’ which was a few hundred dollars more. I went with $400. I discovered that the fence along the paved road on one side of our property was just outside the property line. It’s unlikely that the county will bring this to my attention in my lifetime. It’s not hard to move a chain link fence. But, that side also has a long, lovely, decorative masonry fence with a rot iron gate… not mention irrigation that waters a row of pines. sigh
At Mom’s old ranch, the fence was 6" inside the property line. A neighbor, "Bats**t Crazy Neighbor #1, would tie up to the fence. No problem, except she did it in such a way that it was pulling our fence over. I would cut the line. She’d retie it. This went on until I called the Sheriff. Civil problem lady. I know, but could you just walk down there with me? We did. The neighbor came out. I was hoping she would. The cop was going to do nothing. But, by the time she had displayed her full personality the cop told her she was going to jail if she did it again. Mission accomplished.
A friend had a problem with a Bats**t Crazy Neighbor #2. There was a survey peg - but she was encroaching. My friend had another survey done. It turned out that the original surveyor was also drunk. - likely the same guy. But, that would mean that all the parcels would have to be adjusted. This wound up in court and my friend won. I don’t know if it was based on prescriptive easement or what.
At Mom’s old ranch, you are required to have 6’ high fences that are hot-wired if you have a stallion. You might check to see if there is anything similar in your county for bulls. Either way, it’s clear - to me at least - that the law is on your side on all counts. Enjoy the new fence. Doubt you’ll be having bbq with them soon.
Nobody has mentioned this - but - stop putting their animals back in their fenced area when they get out. Call Animal Control or if you are like me and don’t have AC - call the sheriff. " Somebodies cows are loose and they are out in the road and I am afraid a car will run into them and the driver will be killed!" " I am not sure who they belong to."
After a few times of this you have the record of how many times they get loose, law enforcement will be sick of your neighbors, and hopefully neighbors will keep getting fined.
Loose animals are one of my sore spots.
Aren’t you a cop “The Jenners” ?
There’s protocol against arresting your neighbor even if they are morons.
Of course. Couldn’t behave badly in any way.
Yes “Equibrit” I am. Not where I live tho. Why does it have any bearing, or did you just want to bring it up?
I agree with calling AC and/or the sheriff’s department EACH AND EVERY TIME the animals are not within their boundaries. This provides a paper trail, not only for you, but also for someone who may be injured due to the neglect of the owners.
I would remove the wires/boards that would make the existing fence an actual containment for animals, but leave the posts as property line markers.
Here’s another option…although it could cause them MUCH trouble, maybe warn them before doing? Contact their home owner’s insurance company to let them know that they are not able to contain their livestock. This could get their insurance cancelled AND make it so they are unable to obtain insurance period, or would be SOO expensive it would be prohibitive. If they have a loan, they MUST maintain insurance coverage or the bank will call the note.
No. Somebody was suggesting that you do things I wouldn’t expect a cop to do. That’s all.
I would assume everything the neighbor says about anything legal is bs. They sound the type to make it up, or use an old defunct law, or something from another state, to their own advantage. But make it sound authoritative.
Your neighbors are never going to cooperate with you. All they want is to take advantage of others to make their own lives easier and nicer. But they are going to make it look as if they are making an effort any time they think it will get you to back down, or get a better result from others.
I am sure if you learned more about them from others who have contact with them, you would find some colorful stories.
No the one law she sent me is a valid and current law. It just doesn’t apply. I’m not using it to enclose anything.
Call AC every single time you see one of their critters out. Take video each time too. Being nice doesn’t pay.
To me these people sound like people who did not grow up in the country on farms dealing with large animals, and they naively thought that large domesticated animals would just placidly stay within a fence regardless of whether the electricity was hooked up or the fence properly constructed. And also, the business about the large, untrained dog is consistent with the profile of city or suburban people moving to the country.
I’d agree that at this point, if they haven’t stepped up and done what has needed to be done with the fencing and control of their animals, they’re never going to do it. It doesn’t even matter why.
I’d be most concerned about their bull getting out. Bulls can kill people without even trying very hard. A bull is not an animal that I would mess with.
You might want to involve a lawyer, and get his/her advise on how to proceed. This seems likely to end up in some kind of courtroom anyway.
This has been both a fascinating read and an educational one! Really enjoyed the wealth of information shared here.
Bahumbug to bad neighbors though! Good luck, OP, on how this progresses…and I do hope you’ll keep us posted!
Still nothing from them, including construction of the fence they said they were building. No letter from an atty, but also no animals.
Not trying to hijack the thread but for my own understanding can someone explain that enclosure law? It just doesn’t make sense to me. I read it as if I completely enclose my property, I have to pay 1/2 for the neighbors fence adjacent to mine. And that doesn’t make any sense.
I take it to mean that if the neighbors fence is part of the fence that completely encloses your property, you’re responsible for 50% of that fence. Which makes sense–if my three neighbors have a nice fence on the property line that essentially fences 75% of my property, and I just run a line of fencing across the front, I can now have livestock on my property. And that livestock can beat the snot out of the fence that belongs to my neighbors. So Washington state says I’m responsible for some of the cost of that fence, since I’m using it and benefiting by it being there.