Skip to Content.
Sympa Menu

market-farming - Re: [Market-farming] Am I Required To Fence In My Land So That My Cattle Do Not Wander Onto My Neighbor's Land?

market-farming AT lists.ibiblio.org

Subject: Market Farming

List archive

Chronological Thread  
  • From: Mike Rock <mikerock AT mhtc.net>
  • To: "Road's End Farm" <organic87 AT frontiernet.net>, Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] Am I Required To Fence In My Land So That My Cattle Do Not Wander Onto My Neighbor's Land?
  • Date: Wed, 30 Mar 2011 16:35:23 -0500


QUESTION: Am I Required To Fence In My Land So That My Cattle Do Not Wander Onto My Neighbor's Land?


ANSWER: Yes. However, you and your neighbor can agree that you will keep your prospective property lines open. If you and your neighbor agree to keep your property line unfenced you cannot be liable to your neighbor, and vice versa, if any of your animals enter onto your neighbor's land and cause damage.

I think the word YES is pretty clear.....it means YES....

You and the neighbor can agree NOT TO FENCE IF YOU WISH>>>>> If you do NOT AGREE NOT TO FENCE, then you MUST FENCE....again, pretty clear.

Mike

I will call the county agent in your county tomorrow or a Finger Lakes county and clarify. Also, NEW YORK has some of the oldest fence viewing laws in the nation. Upstate I was with a friend who was a fence viewer for the township. His job was to read the law to farmers and arbitrate disputes on boundaries.

Mike

Road's End Farm wrote:

On Mar 30, 2011, at 1:14 PM, Mike Rock wrote:

http://resources.lawinfo.com/en/Legal-FAQs/pet-law/new-york/am-i-required-to-fence-in-my-land-so-that-my.html

Rivka,
I am in Wisconsin. All fifty states have fence laws on the books. Here is the NY law regarding cattle. Or an opinion rendered by an attorney.

The fence in question is not 'on someone elses property'. It is the common boundary between adjoining properties.

Mike


Hi Mike,

I read that link; it says that if the person with cattle doesn't fence them in, that person can be liable if the cattle cause damage on neighboring property. (It gave only a very vague reference to a section of NY Ag and Markets law; that section covers a lot of law relating to animals, but no section title sounds as if it has anything to do with fences, and when I put "fence" into the search function I got "no results found".)

It doesn't say anything about the neighbors, whether or not they have cattle, being responsible for the costs or maintenance of half the fence. The post of yours to which I was replying said "When you or your neighbor views the fence, each is responsible for their half (right or left). Even if they don't have livestock and you do, they must maintain their half of the fence." That statement isn't supported by your cite.

I don't know whether all fifty states have fence laws on the books; but, if they do, they may well not all say the same thing.

-- Rivka; Finger Lakes NY, Zone 5 mostly
Fresh-market organic produce, small scale










Archive powered by MHonArc 2.6.24.

Top of Page