Electric fence & toddlers--any advice?

What is the name of your state? Indiana
Hi, we are in a huge dispute with our neighbor. We had lived on our three acres for nearly a year when we bought the adjoining property and moved in. He discussed putting up a vinyl fence eventually so he could move his two horses here. We share a large property line, and now he is erecting his fence. The problem is the thing is five strands of wire, and two of them are electric. We tried talking to him about it to let him know we are concerned since we have two thirty pound toddlers. After all, if an electric fence will keep in a 1,200 pound horse, what will it do to our interested toddlers? Of course it's our job to make sure they don't wander over to his property (the fence is 6" from the property line), but I feel like he is inconsiderate and just asking for a lawsuit. Once he gets his horses here, our kiddos will certainly go near that fence because they will be interested in the horses. Plus, the fence is wire....they aren't going to understand it's electric until they touch it. The guy isn't breaking any local ordinances, but there is a state code he is infringing upon--public hazard. Every lawyer I've contacted so far isn't interested in helping us--they claim that there's nothing to do or that they don't know the laws. Help. Is there anything we can do? If we erect a nicer fence on the property line to keep the kids from touching his fence, can we require he pay half of the cost? Could we sue him in small claims court for creating a public hazard and lowering our property value? I am so full of questions. I've been researching this all day, all the while watching the hillbilly put up his electric fence. I am not happy....but thanks for your help in advance!!
Amy

Have you contacted your municipality to see if an electric fence along a shared lot line is even LEGAL? Do you have a copy of the applicable fence ordinaces and permit requirments? Have you talked to the appropriate government entity in your area?

I know I could get have my attorney get an injunction in short order to stop it if anyone tried to put up an electric fence around here. Not that anyone around here would, but morons like your neighbor are always out there.

HI, it's me again...the angry woman with the dipstick neighbor. The fence is six inches within his property; thus, it isn't a boundry fence. I've checked everything two or three times, and there is nothing on the books about putting up an electric fence. There are laws, however, about endangering lives with your fence....such as having rusty nails sticking out of it or having "enticing" items on your property that are not properly fenced. It must really be a gray area. How can I find a lawyer who wants to help us? The two reputable ones I've contacted both said, "Sorry, can't help you." I've done so much research on this thing today I feel like I could be my own lawyer. I'm smart enough to know that would be foolish, though. I am a calm woman until it comes to my kids--endanger them and I turn into a raving, screaming chick.

Thanks,
a

It may come down to you needing to fence your kids in well away from your neighbor's fence to keep them safe. WE built a fence around our side yard when we were waiting for our daughter to arrive because we knew she'd have no fear of anything like strangers or cars. The gate was padlocked and could not be opened by her and she could only exit the playyard by going through the house. It was well inside the lot line, but gave her enough play room to do things (we built a playgym for her there). For now, you may well wish to isolate them from that part of the yard that is contiquous with that neighbor.

LoveMama said:

HI, it's me again...the angry woman with the dipstick neighbor. The fence is six inches within his property; thus, it isn't a boundry fence. I've checked everything two or three times, and there is nothing on the books about putting up an electric fence. There are laws, however, about endangering lives with your fence....such as having rusty nails sticking out of it or having "enticing" items on your property that are not properly fenced. It must really be a gray area. How can I find a lawyer who wants to help us? The two reputable ones I've contacted both said, "Sorry, can't help you." I've done so much research on this thing today I feel like I could be my own lawyer. I'm smart enough to know that would be foolish, though. I am a calm woman until it comes to my kids--endanger them and I turn into a raving, screaming chick.

Thanks,
a

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**A: the neighbor has the right to built any type of fence on their property following the proper building and zoning code. You are free to build your own fence to protect your toddlers.

Ah, our shared property line is over 1,000 feet. That's 1,000 feet of electric fence I have to keep my kids from. I've found three Indiana codes he is breaking by putting up the electric fence, so wish me luck finding a lawyer. Luckily Indiana has a law that requires our neighbor to pay half of a "hogtight" fence if the fence is erected right on the property line. It won't be pretty, but my kids will be safe. If he's going to be a creep, we'll have to be creeps right back. We tried going the nice route, but it isn't working. Thanks, everyone!

Amy

LoveMama said:

have to keep my kids from. I've found three Indiana codes he is breaking by putting up the electric fence, so wish me luck finding a lawyer. Luckily Indiana has a law that requires our neighbor to pay half of a "hogtight" fence if the fence is erected right on the property line. It won't be pretty, but my kids will be safe.

Amy

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Cool! I figured a safety hazard such as that had to be subject to SOME restrictions. Please let us know what happens.

nextwife said:

Cool! I figured a safety hazard such as that had to be subject to SOME restrictions. Please let us know what happens.

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**A: the problem is unless you have a current survey, you are not going to know where the actual property line is.

Yes, we're lucky because we just bought this land two years ago and built our house on it. We split the original six acres (hence we ended up with dipstick for a neighbor) and have the survey. Please, wish me luck. Now I have to find some type of fence that is hogtight without being an eyesore.

a

Oh, yeah, there is one more problem. Half of dipstick's fence is in a utility easement. IF we decide to build a fence on the property line, 75 feet of it will be in the easement as well. So if there's ever trouble with the electricity, we could both be in trouble. If we move our fence in so we are outside of the easement, that leaves dipstick 8 feet of our property that he will probably use to maintain his own electric fence. If we are able to build on the property line (and within the easement), he will only have approximately four inches outside of his fence. That will be a pain in the butt for him to keep the weeds trimmed! The other prob is his horses may reach over his fence and chew on the one we erect. Then we'd have one more issue. I'd rather build a fence and pretend he doesn't exist. Things are never simple, are they?

Amy

LoveMama said:

Oh, yeah, there is one more problem. Half of dipstick's fence is in a utility easement. IF we decide to build a fence on the property line, 75 feet of it will be in the easement as well. So if there's ever trouble with the electricity, we could both be in trouble. If we move our fence in so we are outside of the easement, that leaves dipstick 8 feet of our property that he will probably use to maintain his own electric fence. If we are able to build on the property line (and within the easement), he will only have approximately four inches outside of his fence. That will be a pain in the butt for him to keep the weeds trimmed! The other prob is his horses may reach over his fence and chew on the one we erect. Then we'd have one more issue. I'd rather build a fence and pretend he doesn't exist. Things are never simple, are they?

Amy

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**A: nope........

Electric fence and toddlers

I live in Indiana also. I would like to know how you would feel if the "dipstick's" horse's would come through the fence and , tear up your yard, run over your kids, or eat your beautiful flowers? There is a law in Indiana that states that you have to have your livestock, cows, horses, etc in a enclosure that contains them from public roads, personal property, etc. we live on 15 acres have the entire area fenced and electrified, Our "wonderful neighbors" would sue the pants off us if our horses were to go through and even be on their property. There is something wrong here with the laws and it seems to be called the sue syndrome. People who are trying to do right by containing their animals are going to be Damned if they do and Damned if they don't. If you are in the country and horses are allowed then maybe you should consider moving to the city so there your children wouldn't have to worry about getting shocked by a responsible neighbors fence, just kidnapped or ran over by Drunk drivers. Teach your Children well. One last thing, the only require we know about for electric fence is that you post a sign every so many feet to let the public be aware thats it is electric. Also if you are concerned with the horses reaching over the fence to chew a fence you put up then obviously it isn't electric.

nextwife said:

It may come down to you needing to fence your kids in well away from your neighbor's fence to keep them safe. WE built a fence around our side yard when we were waiting for our daughter to arrive because we knew she'd have no fear of anything like strangers or cars. The gate was padlocked and could not be opened by her and she could only exit the playyard by going through the house. It was well inside the lot line, but gave her enough play room to do things (we built a playgym for her there). For now, you may well wish to isolate them from that part of the yard that is contiquous with that neighbor.

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**I would do as Nextwife suggests here. Ultimately, it is the safety of your children that comes first and until they are old enough to understand the dangers, this should protect them.

**We found that keeping a good relationship between neighbors isn't always possible, but in every case it was the best thing.

**Good luck.

I live in Indiana as well. My parents rented a farm house where the landlord had two horses on the property and an electric fence. We all enjoyed the horses. My children were older and not toddlers but loved having them as "pets" but in the best way...We did not have to take care of them, just give them some granola every once in a while.

I would recommend putting up a fence area for your children to play in that way you will not upset your neighbors. After all, it sounds like you have plenty of space. Then when your children are outside of your fenced area, be sure to be right with them. Young children should never be outside playing without proper supervision any way. When they are older, they might enjoy having the horses come visit them. We really enjoyed seeing them run to come greet us. The landlord commented on how much easier it was to take care of them because they had become more aquainted with other humans.

I know that this does not answer any legal questions, but it is just something to think about.

There are a number of ways to fence the property, the cost could be prohibitive and not practical with some fencing systems. I understand in the begining you were lead to believe it would be a different type of fence but most likely when your neighbor actually undertook the process discovered either that it ws too expensive or advised that it was more practical to have the electrified fence which is a typical way to enclose horses.

Growing up in a rural area means teaching your children many different things regarding safety than you might in a city. Millions of children grow up safely with electrified fences if they are properly instructed and supervised. Most but not all horses learn to stay away from the electric fence and then they may be turned off, or off at times. For that reason, it might be wise to work with your neighbor if and or when you want to intorduce your children to the horses so that they both learn good and consistant habits, for example, if your children visit with the horses it should not be at a place where the fence is electrified, so neither gets shocked and so both learn not to mingle near the electrified fence line, you don't want to confuse either the children or horses. Make an large enclosed play area for your children when they are young, that goes no matter where you live. Teach them early how to properly handle and care for animals.