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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?

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  • From: Road's End Farm <organic87 AT frontiernet.net>
  • To: Mike Rock <mikerock AT mhtc.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 14:36:07 -0400


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







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