Legal question about property line fencing???

Thanks again to everyone that's taken the time to respond to my question! It's very interesting to read everyone's take on the situation...I really like the idea of dropping back far enough to have a field road, but we'll not be moving the fence anytime soon! I was just trying to avoid any problems with folks that might buy the land, thinking it was on that piece of property...sort of like having things in writing - no mistake or misunderstandings, then.

Your are worried about nothing, just hope you get good neighbors.

You did the right thing by putting fence, clearly on your property. That makes it your fence and gives you room for making repairs without tresspassing.

Adverse posession requirements vary from state to state but most require the person seeking posession must also pay the property taxes, as well as open and notorious use of the property without permission of the owner.

Just give the new owner permission to mow your side of the fence and graze it, along notification the fence is own your property and that your permission is not tranferable, granted to them only and and have them acknowledge it. In writing of course.

Some general thoughts on the subject. I have observed a few fences in my lifetime, but I do not recall ever seeing an area fenced with parallel fencing (two separate fences) six or seven inches apart. It just doesn't happen.

Generally, if a property owner unilatterally decides he wants a fence, he builds it without expecting anyone to share in the expense.

Now, if he is clever, he will approach his neighbor and propose that the neigbor participate in the cost of the fence. This should be done out front, before the const. begins.

Once the fence is built and paid for, it is unreasonable to expect a neighbor to share in the cost of a fence that you wanted and has been in place for some time. With your unilatteraly building the fence, you have enhanced the value of your property and his as well.

Facts are, you can not prevent his benefitting from your fence. He can utilize your section of fence without ever tieing directly into your fence on either end. He can set his corner post ten or twelve inches away from your fence and never tie to your fence. It would still be livestock proof (unless he were fencing rabbits).

If you cool it and just let the matter play out, any new neighbor might turn out to be the best friend and neighbor that you have ever had. It is never wise to presume how things might work out.

balvarik said:

Cannot say about the other 47 states but in 3 it is perfectly legal to "fence the line".

Mike

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Didn't say it was illegal Mike. It is an encroachment. It does cloud the title.

The best thing to do is build the fence inside the line on your property. Then there are no disputes, now or later.

Paddle said:

There is a Decon of a church that lives up the road from me and he put his fence 10 foot off the line on his side just so his neighbor couldn't use it. The neighbor had to put his own fence up.

I don't go to his church!!

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If he did that in my county and you wanted to fence in your pasture next to him, you could force him to put a second fence on the property line on his half of the common fence.

One thing to keep in mind concerning fences is that it is different when you have a railroad traversing your property.

The railroad is required to bare the total cost of fencing off the tracks to prevent live stock from getting on the tracks. Most times the land owner just builds the fence and sends the bill to the rail road. If you do have any domestic animal killed by the train the railroad is liable for the value of the animal fence or no fence.

It is an encroachment. It does cloud the title.

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It's not an encroachment, and it doesn't cloud the title.

There's really no point in repeating that because it's not true.

Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.

Jack Ryan said:

If he did that in my county and you wanted to fence in your pasture next to him, you could force him to put a second fence on the property line on his half of the common fence.

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Can you provide the code that says that? I've never heard of that in my life. Maybe it's true for Indiana, but in GA, NC and TN (the three states I'm familiar with) you cannot force a neighbor to incur part of the costs for putting up a fence that only you want - even if it's on the property line.

I have heard of situations where a neighbor that chooses NOT to tie into an existing partition fence, but instead builds a private fence wholly contained within their land but within a certain number of feet can still be held responsible for the upkeep for half the partition fence. The case where I've seen this only applies to livestock, not private land.

elfiii said:

Didn't say it was illegal Mike. It is an encroachment. It does cloud the title.

The best thing to do is build the fence inside the line on your property. Then there are no disputes, now or later.

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Twenty five ought six said:

It's not an encroachment, and it doesn't cloud the title.

There's really no point in repeating that because it's not true.

Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.

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This can be true and not true depending on the situation. If both neighbors use and are tied into the fence, it is NOT an encroachment and does NOT cloud the title. All states have rules and regulations on how neighbors share the fence and its upkeep when both neighbors tie into the fence.

Where it can be an encroachment, is when only one neighbor puts his/her fence on the property line and none of the other neighbors tie into or use the fence. It becomes an encroachment because it's legally a partition fence and owned by both neighbors but only one is actually using the fence. You own half the boundary line and a neighbor putting a fence on the entire line without it benefiting you is an encroachment. No, it's not illegal. Yes, they can stop you from doing it but it requires going to court and your likely to lose because you have to present a valid reason for opposing the fence. Not wanting it isn't enough. In this situation, it can cloud the title regarding who is responsible for maintaining the fence. Most states require the landowner who installed the fence and is benefiting from it to be solely responsible for its upkeep so long as a neighbor does not tie into it. Once a neighbor does, he/she now shares in the upkeep of the portion they're using. Notice I said most states require this - not all. Some are not clear on a situation that only benefits one landowner and their current laws make it seem as if both neighbors are responsible.

Amazing what you can learn from calling your local farm bureau and extension office.

Amazing what you can learn from calling your local farm bureau and extension office.

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Call your farm bureau office and ask them how many title opinions they have ever issued. Ask them if they will even issue a title opinion for you.

Basically, because I don't have time to go through it, the above post is just bogus. It's a lot more than bogus, but I don't need a PM from the mods.

Twenty five ought six said:

Call your farm bureau office and ask them how many title opinions they have ever issued. Ask them if they will even issue a title opinion for you.

Basically, because I don't have time to go through it, the above post is just bogus. It's a lot more than bogus, but I don't need a PM from the mods.

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I didn't say call them and ask for a title opinion.

But calling them with a question regarding agriculture/livestock fencing will provide you with some information. In some states, building a fence on the property line without any other neighbor tied into the fence IS AN encroachment. That is fact. In some states, the rules regarding a common fence (one built on the property line) state that the landowners sharing the property line are responsible for maintaining their half of the fence, where as in others the rule are not as clear. That is fact. Given the above, it is a FACT that some states view common fences as an encroachment and as such can cloud a title.

Want proof? Here in NC, a common fence is considered property of the person who installed it and as such that individual is responsible for its upkeep. If a neighbor wishes to tie into the existing fence - meaning actually using the existing fence in constructing theirs - an agreement has to be made with between the landowners on upkeep and costs. However, the neighbor can opt to put their corner post right beside the existing one - thus not legally tying into the existing fence - and not be held responsible for the upkeep and maintenance of the original fence. However, they are held solely responsible for any damages resulting to the original fence caused by their livestock. Once the neighbors reach an agreement on the common fence, it can be established as a covenant and future owners are required to oblige by the agreement. ANY covenant on a home/property is considered clouding the title - as the title is no longer clear and free of any covenants/liens/easements. Does this make the property less valuable? Generally no. But explain that to my good friends who had the buyer back out of the contract 48 hours before closing because they didn't disclose an existing covenant on a common fence shared with their neighbors. Personally, I think the buyer was looking for a reason, but danged if they didn't find one.

So please explain how my previous post was a bit more than bogus.

I am soooo glad that I posted this question...I've found out more about fencing than I ever dreamed and I've learned more than I could have imagined! That's the beauty of this forum...folks will speak their mind, whether it be opinion or fact and everyone can learn something from it (maybe even find out you're a "city jerk" in some members eyes-HA!). I hope more readers respond with their experience, opinion, thoughts...and I'll learn even more! Thanks to ALL that take the time to post!

If it were me, I'd be happy they were advertising it. Maybe the property will go for a higher price per acre. The more it sells for, the more your property is worth cause that is how most appraisals are done (comps).

You still own the fence, no matter what is advertised.

What am I missing?

BT

PS: After the transaction, I'd send the certified letter to the new owner. If he/she is upset, she can take it up with the seller who falsely advertised the property.

I'll jump in on this one. back in 03 I decided to start putting up a fence around my property. I started with a survey just to make sure and to get a couple of reference points along the line since it was so long, 750 across the back and 2700 down the side. I had one neighbor who had horses and had high tensiol fence up. The horses would just push the fence down and their dogs keep coming over to our pastures. I wanted to put up a field fence to keep the dogs out and other critters and my new dog in. I ask if they wanted to split the cost of the fence down their side so that they would have a good fence, they said no. I went ahead and built the fence a couple of inches off the line. It is easily maintained by spraying. I am VERY glad I did this. As this neighbor has not maintained their fence and is letting trees grow up in their fence. That is fine what ever they want to do. They do not have any grass on their side for their horses so the horses started pushing the High tensiol down and pushing my field fence down to get to my grass. If it was a shared fence I would not have been able to go back and put a strand of barb wire right across the top like I did. You know those neighbors put up some hot wire there to keep the horses off MY fence. But if we would have put it right on the line and they did as they are doing now the fence would be a mess and I would be footing the bill to maintain it. I know I could take them to court but what kind of neighbor would I have then. This way I keep the fence in good shape, I keep their dogs out, their horses off the fence and my goats in and I have neighbors I can speak too.

Just my experience

Twenty five ought six said:

It's not an encroachment, and it doesn't cloud the title.

There's really no point in repeating that because it's not true.

Again I have to point out that every day, thousands of real estate transactions are completed with common fences or walls in place.

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You're right, my real estate lawyer is wrong. Sorry for the inconvenience. I'll still put my fence on my side of the line if its' all the same to you.

chewie1014 said:

Can you provide the code that says that? I've never heard of that in my life. Maybe it's true for Indiana, but in GA, NC and TN (the three states I'm familiar with) you cannot force a neighbor to incur part of the costs for putting up a fence that only you want - even if it's on the property line.

I have heard of situations where a neighbor that chooses NOT to tie into an existing partition fence, but instead builds a private fence wholly contained within their land but within a certain number of feet can still be held responsible for the upkeep for half the partition fence. The case where I've seen this only applies to livestock, not private land.

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http://www.in.gov/legislative/ic/code/title32/ar26/ch9.html

...
(b) Except as otherwise provided in this chapter, and if a division of the partition fence has not been made between the property owners for the building, repairing, or rebuilding of the partition fence:
(1) for a partition fence built along a property line than runs from north to south:
(A) the owner whose property lies to the east of the fence shall build the north half of the fence; and
(B) the owner whose land lies to the west of the fence shall build the south half of the fence; and
(2) for a partition fence built along a property line that runs from east to west:
(A) the owner whose property lies north of the fence shall build the west half of the fence; and
(B) the owner whose property lies to the south of the fence shall build the east half of the fence.
(c) Notwithstanding subsection (b), if either property owner has constructed one-half (1/2) of a partition fence that is not the portion

required under subsection (b) and has maintained that portion of the partition fence for a period of not less than five (5) years, the property owner may continue to maintain the portion of the fence.
(d) If a property owner fails to build, rebuild, or repair a partition fence after receiving notice under this chapter, the township trustee of the township in which the property is located shall build, rebuild, or repair the fence as provided under this chapter.
...

(d) The township trustee who receives a complaint under this section shall:
(1) estimate the costs for building, rebuilding, or repairing the partition fence; and
(2) within a reasonable time after receiving the complaint, make out a statement and notify the defaulting property owner of the probable cost of building, rebuilding, or repairing the fence.
If twenty (20) days after receiving a notice under this subsection the defaulting property owner has not built, rebuilt, or repaired the fence, the trustee shall build or repair the fence. The trustee may use only the materials for the fences that are most commonly used by the farmers of the community.
(e) If the trustee of a township is disqualified to act under subsection (h), the trustee of an adjoining township who resides

nearest to where the fence is located shall act on the complaint upon receiving a notice by a property owner who is interested in the fence.
(f) A lawful partition fence is any one (1) of the following that is sufficiently tight and strong to hold cattle, hogs, horses, mules, and sheep:
(1) A straight board and wire fence, a straight wire fence, a straight board fence, or a picket fence four (4) feet high.
(2) A straight rail fence four and one-half (4 1/2) feet high.
(3) A worm rail fence five (5) feet high.
(g) This subsection applies if a ditch or creek crosses the division line between two (2) property owners, causing additional expense in the maintenance of the part over the stream. If the property owners cannot agree upon the proportionate share of each property owner, the township trustee shall appoint three (3) disinterested citizens who shall apportion the partition fence to be built by each property owner.

...

IC 32-26-9-4
Expenses; construction and maintenance by township
Sec. 4. (a) As soon as the township trustee has had a fence built, rebuilt, or repaired under this chapter, the trustee shall make out a certified statement in triplicate of the actual cost incurred by the trustee in the building, rebuilding, or repairing the fence. One (1) copy must be handed to or mailed to the property owner affected by the work, one (1) copy must be retained by the trustee as a record for the township, and one (1) copy must be filed in the auditor's office of the county in which the fence is located and in which the property of the property owner affected by the work is located. At the same time the trustee shall also file with the county auditor a claim against the county for the amount shown in the statement filed with the county auditor.
(b) The county auditor shall:
(1) examine the claims and statement as other claims are examined; and
(2) present the claims and statements to the board of county commissioners at the next regular meeting.
Unless there is an apparent error in the statement or claim, the board of county commissioners shall make allowance, and the county auditor shall issue a warrant for the amount claimed to the township trustee submitting the claim out of the county general fund without an appropriation being made by the county council.
(c) The amount paid out of the county general fund under subsection (b) shall be:
(1) placed by the county auditor on the tax duplicate against the property of the property owner affected by the work;
(2) collected as taxes are collected; and
(3) when collected, paid into the county general fund.

a fence is a fence. what keeps things on your property also keeps things off of theirs, so they are benefiting from your fence, so they can advertise those benefits; i.e., if every landowner around me builds a fence, I've now got a totally fenced in property and if I want to sell it I can advertise a totally fenced in tract of land.

as long as they don't mislead prospective buyers into thinking that they OWN the fence or the 6" on this side of the fence, I don't see the problem.

the barn analogy doesnt work, because you store things in your barn, or you keep livestock in it. a fence is nothing but a border and it will always be mutually beneficial to both parties. I mean, how does a person "use" a fence, anyways? hang things on it?

You shouldn't be that worried about your neighbor thinking that your fence is there's. In the first place who ever buys the property that ajoins yours is going to have to have a survey done. When they do the survey they will shoot the fence as they do the boundary and once the survey is done and has been drawn you will see on the plat both the property line along with your fence line, so hopefully your neighbors are smart enough to recongzie that.

sharon said:

Okay, I know I can depend on getting some good answers from this forum, so here goes...
We bought 40 acres 4 years ago, here in E. TN. It was part of an old dairy farm, with other plats selling at the same time. After we closed on ours, we put up woven wire pasture fence to enclose all sides. We DID NOT put the fence on the line, but dropped back on our side 6 inches. This was to prevent "community" usage, for various reasons. Later, a 34 acre piece beside of us sold. Now, it's for sale again and the owners are advertising our fence as part of the selling points, even though they're aware of its location. We've contacted them twice (last time 10PM tonight) about it, trying to avoid any trouble with potential future neighbors, but to no avail, as of tonight. What do y'all think? I feel that advertising our fence is like advertising our barn...they're both on our property and they're not for use to just anybody! Thanks!!

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Tennessee fence laws.
http://tarlton.law.utexas.edu/dawson/fence/tn_fnc.htm

It appears to me your state is a "fence out" state unless otherwise stipulated by local ordinance.

A few highlights I think you'll find interesting.



44-8-101. Land in cultivation sufficiently fenced
Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (2 1/2') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the same.

44-8-103. Horses, cattle, and mules sufficiently fenced
The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (4 1/2') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground.

44-8-106. Damages for trespass -- Determination -- Recovery
(a) When any trespass shall have been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the same fenced, as is described in ss 44-8-101 -- 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence be a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of such view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand.

44-8-107. Defense of insufficiency of fence
If it appears that the fence is insufficient, the owner of the animals shall not be liable to make satisfaction for the damages.

44-8-109. Notoriously mischievous stock to be confined
All persons owning notoriously mischievous stock, known to be in the habit of throwing down or jumping fences, shall be required to keep the same confined upon their own premises.


44-8-110. Liability of owners of notoriously mischievous stock
The owners of such stock shall be liable for all damages done by the same to enclosure or crops of others.

44-8-201. Partition fence defined -- Joining fences
Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on such person's own land.


44-8-202. Fences to be erected and maintained at joint expense
Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, such person shall pay to the person erecting it such person's proportion of the expense.


44-8-203. Damages for failure to maintain fence
If either of the persons having a joint or partition fence refuses or neglects to keep such person's part of the fence in good repair, such person shall be liable for all damages the other may sustain to enclosures or crops, by trespassing stock, in consequence of such refusal or neglect.


44-8-204. Pay for fence
If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in ss 44-8-202 and 44-8-206, on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it.


44-8-205. Judgment and execution
The freeholders, first taking an oath before the judge to discharge their duty fairly and impartially, on a day to be by them appointed, of which both parties shall have notice, shall examine the fence, and report to the judge, in writing, the amount to be paid the person erecting it; whereupon, unless the money be paid within ten (10) days thereafter, the judge shall enter up judgment (subject to appeal) and issue execution for the same.


44-8-206. Rebuilding or repairing fences
The like proceedings may be had in cases where partition fences are rebuilt or repaired by either of the joint proprietors, the jury of view being judges, in the first instance, of the necessity or advisability of the improvement.


44-8-207. Fees of court and fence reviewers
The court is entitled to fifty cents (50~) for issuing the order, and the fence reviewers to one dollar ($1.00) each, one half ( 1/2) of which is to be paid by each party; and, if not paid within ten (10) days after the report, execution shall issue for such amount.


44-8-208. Fences not removed without six months' notice
No partition fence, or any part of such fence, shall be removed without the mutual consent of the owners, unless the party desiring to remove the fence, or part thereof, shall first give six (6) months' notice in writing to the other owner of such owner's intention to remove the fence. After the expiration of the time of the notice, the party may remove the fence, or part thereof.


44-8-209. Removing fence without notice a misdemeanor -- Damages
Any person who removes a partition fence, or any part thereof, without first giving the notice required by s 44-8- 208, commits a Class C misdemeanor, and moreover is liable to the person injured for any damages sustained by reason of the removal.



44-8-210 Disclaiming responsibility for fence erection -- Definitions.
(a) In cases when the property on one (1) side of an existing or proposed partition fence is agricultural land, and the property on the other side is non-agricultural land, the owner of the non-agricultural land may disclaim any responsibility for the erection or maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in writing, executed by the non- agricultural land owner and mailed to the owner of the agricultural land by registered mail, return receipt requested, or sent by some other means pursuant to which a written verification of receipt is obtained. The disclaimer shall be effective on the date of receipt by the owner of the agricultural land.
(b) Delivery of the disclaimer as described in subsection (a) shall have the effect of:
(1) Relieving the owner of the non-agricultural land of any responsibility to erect or maintain a partition fence pursuant to § 44-8-202; and
(2) Releasing the owner of the agricultural land from any claims by the owner of the non-agricultural land arising out of the non-existence or condition of a partition fence.
(c) As used in this section, unless the context otherwise requires:
(1) "Agricultural land" has the same meaning as set forth in § 67-5-1004; and
(2) "Non-agricultural land" means land:
(A) That is not agricultural land;
(B) That is the site of a residence; and
(C) On which the owner does not keep livestock.
(d)(1) If property that meets the definition of non-agricultural land at the time of delivery of a disclaimer as described in subsection (a) subsequently ceases to qualify as non-agricultural land, then the disclaimer, and all effects of the disclaimer as described in subsection (b), shall cease to be effective as of the date property ceases to be non-agricultural property.
(2) If a fence is erected by the owner of agricultural land during a period when a disclaimer as described in subsection (a) is in effect, and if the land owned by the disclaiming party subsequently ceases to be qualified as non- agricultural land, then the owner of the non-agricultural land shall reimburse the owner of the agricultural land a proportionate share of the cost of erecting the fence. If the parties cannot agree as to the amount to be paid to the owner of the agricultural land, the process described in § 44-8-204 shall be applicable.

44-8-406. Treated as strays when owner unknown or residing out of county
If the owner is unknown, or resides out of the county, the same course shall be pursued by the taker-up in regard to such animals as in the case of other estrays.

Jack Ryan said:

Tennessee fence laws.
http://tarlton.law.utexas.edu/dawson/fence/tn_fnc.htm

It appears to me your state is a "fence out" state unless otherwise stipulated by local ordinance.

A few highlights I think you'll find interesting.



44-8-101. Land in cultivation sufficiently fenced
Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (2 1/2') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the same.

44-8-103. Horses, cattle, and mules sufficiently fenced
The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (4 1/2') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground.

44-8-106. Damages for trespass -- Determination -- Recovery
(a) When any trespass shall have been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the same fenced, as is described in ss 44-8-101 -- 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence be a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of such view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand.

44-8-107. Defense of insufficiency of fence
If it appears that the fence is insufficient, the owner of the animals shall not be liable to make satisfaction for the damages.

44-8-109. Notoriously mischievous stock to be confined
All persons owning notoriously mischievous stock, known to be in the habit of throwing down or jumping fences, shall be required to keep the same confined upon their own premises.


44-8-110. Liability of owners of notoriously mischievous stock
The owners of such stock shall be liable for all damages done by the same to enclosure or crops of others.

44-8-201. Partition fence defined -- Joining fences
Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on such person's own land.


44-8-202. Fences to be erected and maintained at joint expense
Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, such person shall pay to the person erecting it such person's proportion of the expense.


44-8-203. Damages for failure to maintain fence
If either of the persons having a joint or partition fence refuses or neglects to keep such person's part of the fence in good repair, such person shall be liable for all damages the other may sustain to enclosures or crops, by trespassing stock, in consequence of such refusal or neglect.


44-8-204. Pay for fence
If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in ss 44-8-202 and 44-8-206, on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it.


44-8-205. Judgment and execution
The freeholders, first taking an oath before the judge to discharge their duty fairly and impartially, on a day to be by them appointed, of which both parties shall have notice, shall examine the fence, and report to the judge, in writing, the amount to be paid the person erecting it; whereupon, unless the money be paid within ten (10) days thereafter, the judge shall enter up judgment (subject to appeal) and issue execution for the same.


44-8-206. Rebuilding or repairing fences
The like proceedings may be had in cases where partition fences are rebuilt or repaired by either of the joint proprietors, the jury of view being judges, in the first instance, of the necessity or advisability of the improvement.


44-8-207. Fees of court and fence reviewers
The court is entitled to fifty cents (50~) for issuing the order, and the fence reviewers to one dollar ($1.00) each, one half ( 1/2) of which is to be paid by each party; and, if not paid within ten (10) days after the report, execution shall issue for such amount.


44-8-208. Fences not removed without six months' notice
No partition fence, or any part of such fence, shall be removed without the mutual consent of the owners, unless the party desiring to remove the fence, or part thereof, shall first give six (6) months' notice in writing to the other owner of such owner's intention to remove the fence. After the expiration of the time of the notice, the party may remove the fence, or part thereof.


44-8-209. Removing fence without notice a misdemeanor -- Damages
Any person who removes a partition fence, or any part thereof, without first giving the notice required by s 44-8- 208, commits a Class C misdemeanor, and moreover is liable to the person injured for any damages sustained by reason of the removal.



44-8-210 Disclaiming responsibility for fence erection -- Definitions.
(a) In cases when the property on one (1) side of an existing or proposed partition fence is agricultural land, and the property on the other side is non-agricultural land, the owner of the non-agricultural land may disclaim any responsibility for the erection or maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in writing, executed by the non- agricultural land owner and mailed to the owner of the agricultural land by registered mail, return receipt requested, or sent by some other means pursuant to which a written verification of receipt is obtained. The disclaimer shall be effective on the date of receipt by the owner of the agricultural land.
(b) Delivery of the disclaimer as described in subsection (a) shall have the effect of:
(1) Relieving the owner of the non-agricultural land of any responsibility to erect or maintain a partition fence pursuant to § 44-8-202; and
(2) Releasing the owner of the agricultural land from any claims by the owner of the non-agricultural land arising out of the non-existence or condition of a partition fence.
(c) As used in this section, unless the context otherwise requires:
(1) "Agricultural land" has the same meaning as set forth in § 67-5-1004; and
(2) "Non-agricultural land" means land:
(A) That is not agricultural land;
(B) That is the site of a residence; and
(C) On which the owner does not keep livestock.
(d)(1) If property that meets the definition of non-agricultural land at the time of delivery of a disclaimer as described in subsection (a) subsequently ceases to qualify as non-agricultural land, then the disclaimer, and all effects of the disclaimer as described in subsection (b), shall cease to be effective as of the date property ceases to be non-agricultural property.
(2) If a fence is erected by the owner of agricultural land during a period when a disclaimer as described in subsection (a) is in effect, and if the land owned by the disclaiming party subsequently ceases to be qualified as non- agricultural land, then the owner of the non-agricultural land shall reimburse the owner of the agricultural land a proportionate share of the cost of erecting the fence. If the parties cannot agree as to the amount to be paid to the owner of the agricultural land, the process described in § 44-8-204 shall be applicable.

44-8-406. Treated as strays when owner unknown or residing out of county
If the owner is unknown, or resides out of the county, the same course shall be pursued by the taker-up in regard to such animals as in the case of other estrays.

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Thank you for that info! Very interesting reading...BTW, the neighbor changed the listing information sheet to read differently and has apologized for the confusion it caused, and did assure us that the new owners, whoever that might be, would know that our fence was not to be used as a "community" fence. Hopefully, that will put this to rest! Thanks again for all of your help!