Fences, who owns them?

[Matt88s]

For years my neighbors on either side have put claim to the boundary fences between us. For years that was fine because they were actually fences instead of just piles of jumbled fallen down metal that used to be a fence. It lasted twenty some odd years and finally it needed to be replaced as it held nothing in, nor our dogs nor held their dogs nor the coyotes out.

The fence was built by the previous owners of the property, the current neighbors moved in several years after it was put up. We have lived there longer than they have, they put claim to the fence for whatever reason though, as I said we never contested it because it used to be a fence.

I recently ripped the fence out and am in the process of putting another up. All was well until I ran into one of the neighbors in the store and he asked what kind of fence I was putting up. I'm putting up a different type of fence than they had and so I replied with that type. He said he didn't think we could do that since it was their fence and I needed to go back with the same type. I basically said hmm and went on about my business. However I fear retaliation, possibly legally, and almost certainly some sort of vindictive personal retaliation, a dead pet, a fire, its been done before, some of them are quite brutal and dangerous people. :(

However its a boundary fence, I found the boundary marker when I dug the corner post and it placed squarely down the boundary to the best of my ability.

According to Oklahoma law, as far as I can find out, boundary fences are the responsibility of both property owners to maintain, both being owners unless on choses to leave his property unfenced elsewhere. I'm actually the only one with my entire property fence, the neighbor having only the back and sides of his property fenced. According to one article I read in a book, had he not had the back fenced, he wouldn't have any claim to the boundary fence at all. He does though so that gives him some claim to it, if that gives him as much right as if he his property totally fenced in I don't know.


Anyone have any advice? :(

[silentC]

Contact your local government department. Although there are probably similarities between our laws and yours, you'd be best to get it from the horse's mouth.

[Purpleheart]

In OZ, the relative piece of legislation is the Dividing Fences Act. (or in NSW anyway)

You should try to find the similar legislation applicable to your area.

If you do not want to contact your council or similar, a land surveyor should be able to provide advice, or even a competent fencing contractor.

Good luck with it........:)

[Honorary Bloke]

Matt,

You don't mention if you are talking about an acre or less or a Section, or if it is city land or agricultural. There has been considerable activity in Oklahoma in recent years governing fences and adverse possession. See this link:

http://findarticles.com/p/articles/mi_qn4182/is_20030328/ai_n10157783

In any event, consult an attorney before proceeding, it could save you money down the road. Good luck. :)

[Matt88s]

We're outside of city limits by some miles, its zoned agricultural but nobody really uses it for that, we own about three acres. We do have to adhere to county rules though.

Here's what I've been able to find out about county statutes so far.

Quote:
<table border="0" cellpadding="4" cellspacing="0" width="100%"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> A person building a fence may erect the same upon the line between him and the adjacent owners, so that the fence may be partly on one side and partly on the other, and the owner of such fence shall have the same right to remove it as if it were wholly on his land: Provided, that such fence is not more than five (5) feet from such line. </td> </tr> </tbody></table>


So I was fully within my rights to remove said fence??

Quote:
<table border="0" cellpadding="4" cellspacing="0" width="100%"> <tbody><tr> <td class="alt2" style="border: 1px inset ;"> Any person not wishing his land enclosed, and not occupying or using it otherwise than as commons, shall not be compelled to contribute to erect or maintain any fence between him and an adjacent owner; but when he encloses or uses his land otherwise than as a commons, he shall contribute to the partition fences as in this article provided. </td> </tr> </tbody></table>


The neighbors property is only fenced on three sides, thus I suppose it might not be considered enclosed?? If so he has no claim to the as they put it here, "partition" fence that divides our property?



Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them.

2. The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.


All of this is state statutes from the Oklahoma State Court Network website. www.OSCN.net

I think I'm in the clear, doesn't mean they won't still retaliate though, I'm hoping we can both just be happy that we have a nice new fence between us now. :-