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

Road's End Farm organic87 at frontiernet.net
Wed Mar 30 14:45:38 EDT 2011

On Mar 30, 2011, at 2:36 PM, 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
addition to the above:

I couldn't tell from Wyatt's post whether the fences in question are  
the common boundary between properties, or whether they're entirely on  
his property. Maybe he said it's a boundary fence and I missed it; but  
in his first post, he was talking about neighbors taking down "part of  
my fence", not "part of our fence".

The Wisconsin law you're referring to sounds as if it applies only to  
fences right on the boundary.

There are also cases in which there's a dispute about where the  
boundary actually is. I, again, couldn't tell from Wyatt's post  
whether that might be part of the problem in this case; that's why I  
asked him.

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

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