neighbors and fences

[kabuky]

What is the name of your state (only U.S. law)? WA
I built my livestock fence in 1994 and had no issue maintaining it until a neighbor moved in. Also, I had a renter in the house who used the pasture for her horses - she was required (but did not) have an electric fence on 24/7.
New neighbor's cows have destroyed my fence - it is built just inside my property line. they have destroyed 400-500 feet out of the 660 feet of fencing and my renter' animals plus neighbors' cows probably destroyed the other 200 feet. I just found out about this. My new neighbor says the fence is community property and will only fix 50% saying I have to fix the other 50%. His cows had to trespass onto my property to destroy it. I paid over $6000 for all of the posts, rails, etc, that are still in decent shape and will be used to support the new livestock fence.
I contend I have already paid more than 50% of the fencing costs and it is MY fence that he has no right to. I am about to tell him to build his own fence with his own posts, etc, that will cost him a small fortune (like it did me).
WHat do I do??

 

[justalayman]

I have to look up statutes to see about livestock fencing and shared ownership to be clear on the laws but one thing I am sure of:

if the fence is considered a shared fence, both parties would be liable for their fair share of the fence costs. Since you paid 100% of the costs of the fence originally, for it to be a shared fence, your neighbor owes you (presuming the entire $6k is for fencing your shared line with the neighbor) $3k and that is before the shared costs of repairing the fence.


I'll try to find some laws for the situation as it is but if the neighbor wants to stand by the shared fence argument, hand him a bill for $3k for the original fence plus 1/2 of the current costs to repair. He might just decide he should just pay for the damages his animals did to your fence.

 

[kabuky]

Thanks! The property was surveyed before I put up the fence - it is clearly on my property. the animals had to trespass onto my property to get to the fence (only 6-12") but definitely on my property. His argument was that I should have rec'd 50% from the previous owner and it is now tough luck that I did not get him to share costs. When I moved in, there was no other livestock on their side of the fence for several years; there is no way the previous owners could afford or even consider helping out with the costs. When horses were finally put on their side of the fence - they did not go near it because of the hot wire.

I read previously that criminal charges could be pressed for his clearly allowing his animals to trample the fence on my property. I ALWAYS had electric line on top and never had any of my animals go near the fencing. He has 10 acres; I have 5. Does this help??

 

[justalayman]

It sounds like if you follow the requirements of this law, you can impound his animals due to the damage.

16.60.015. Liability for damages -- Restraint -- Notice
Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all damages sustained on account of such trespass, together with the costs of suits; and the animal or animals, so trespassing, may be taken and held as security for the payment of such damages and costs: PROVIDED, That such person shall provide notice as required under RCW 16.04.020 and 16.04.025: PROVIDED FURTHER, That such person shall have such fences examined and the damages assessed by three reliable, disinterested parties and practical farmers, within five days next after the trespass has been committed: AND, PROVIDED FURTHER, That if, before trial, the owner of such trespassing animal or animals, shall have tendered the person injured any costs which may have accrued, and also the amount in lieu of damages which shall equal or exceed the amount of damages afterwards awarded by the court or jury, and the person injured shall refuse the same and cause the trial to proceed, such person shall pay all costs and receive only the damages awarded.

the following section basically states that unless the party on the other side of the fence has need for the fence, they are not liable for the costs to build the fence BUT it also states that when/if they do utilize the fence in the future to confine animals, they then become liable for their share of the costs to build the fence. As such, unless the prior owner utilized your fence to contain animals, the current owner, by now needing the fence to contain his animals, has activated this section and owes you for 1/2 of the fence.

16.60.020. Partition fence -- Reimbursement
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure, so that such fence may also answer the purpose of inclosing his ground, he shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them: PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his land fenced with hog fencing and uses the partition fence to make a hog enclosure of his land, then he shall pay to the one who owns said hog fence one-half of the value thereof.

Chapter 16.60 RCW: Fences

 

[kabuky]

possibly an arguing point

Thanks for the info. When I built the fence, the renter on the other side did not have livestock. However, another renter who moved in around 2000 did have 2 horses. The horses did not bother the fence or come up to it but it was used to keep them in their pasture. Since it was a renter, and not the landowner, I was not paid a cent. Can the current OWNER claim the renter's should have paid 1/2? or the renter's landowner (who wouldn't either)? Or now, since is the Owner's livestock that are destroying the fence and he DEFINITELY is using it as his fence to (semi)contain his livestock, does he owe 50% of the cost?

 

[justalayman]

obviously the renter was never liable for anything his lease did not require.

If you can make the demand now, I'm not sure but I suspect since nobody has paid you until now and the neighbor did not simply take over an area that had livestock already, I think you might be able to make the claim. If nothing else, it may be worth the threat to give the guy an option:

pay for 1/2 the costs to build the fence plus all the costs of the repair his animals caused or just all the costs of the damage his animals did.

Then, after the fence was repaired, I would send a demand letter telling the guy to either pay for his own fence, or if you are acceptable, the cost of a hot wire on your fence but on his side to prevent his animals from damaging the fence.

If he refuses, I would then send a letter to give him notice that if his animals trespass on your land, regardless of any damage or not, you will take further legal action.

cows make good dinner guests

just kidding.

If the guy does not build his own fence, you also need to protect your ownership interest in your property that is on the other side of your fence. Prescriptive easement is a possibility eventually if you fail to take action to prevent it. Even worse, and I have not checked the requirements, is adverse possession where the possessor can actually gain title to your land if you do not act to prevent the possession.

regardless of what happens in the end, the neighbor is 100% liable for the costs of the damage his animals caused. He cannot claim it is a shared fence because you have never been paid for any of the fence by anybody. That means it is still just your fence.

Regardless, even if it was a shared fence, he would be liable for his animal's damages. Shared fences have shared costs to maintain. That means if it needs new posts, the costs are shared; if it needs new fence wire, it is shared cost. If a storm came through and damaged the fence, that too would be maintenance. If an individual is the cause of damage, that damage is all on the person causing the damage. Costs to repair damage are not normal maintenance and as such, are not shared, unless of course the person doing the damage is unknown (think the car that leaves the road and tears up the fence and then drives away)

also take note that in the first section I quoted, it allows for legal costs to be recovered as well. That means your neighbor would be liable for your attorney's costs if you have to engage an attorney.