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Planning to run some fencing around my land


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I'm going to run some fencing on 40ac in the country. The road frontage will be wood fence, but I'll do 5 strands of barb wire (or maybe goat fencing) along the property lines. The lines have been surveyed and marked. Should I run it on the property line according to the survey or offset it off the line? If I offset it, how far?

I'll check the county website (Bradley) to see if there is an official distance required, but I'm curious what most people do when running wire fence.

Any other tips or advise appreciated.

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While I understand the logic of an offset on a fence to be safe, to me you just "forfeited" that land to the other property owner.    The future property line becomes the fence line is most people's minds years down the road.   Not saying that's right, but perception is reality.   

If it was me and there wasn't any law requiring an offset, and if the property line wasn't in dispute, I put it as close to the line as possible without going over.    

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I don't have a large property yet but always thought I'd inset the fence enough to easily get a mower around the outside (10' or so?).  And maybe set a few posts to permanently mark the location of the surveyors' stakes.   Not much worse than a fence full of weeds and vines. 

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I had a dispute with my neighbor when we moved in. The land had been in his family for many years. The father split it up between 2 sons. Well we bought the older son's place. We did not know these things, the living brother came up the road the day we moved in. This is how we found out about the story of the land. Well he told us that the survey was wrong and he would not abide by it.

So I called my lawyer, he got to digging and told us to tell the man to get a survey and we would compare, it was right as done before I got the place. He never did like us after that. Even called the police for me cutting the property line, it was a mess. The man has since passed, but the family will not have a thing to do with us.

Put the fence ON THE LINE, after a survey that is OK with all involved, price is worth it in the long run.

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Great advice all. I'm going to put it on the line. I don't want to "lose" any useable land, and when the survey fades away, the fence will be the assumed line. The property line between neighbors is all wooded anyway, so I'll just cut an ATV trail around the perimeter to check/maintain the fence. 

 

I'm thinking about getting this tool for the ATV http://www.tractorsupply.com/tsc/product/countyline-2-in-receiver-unroller?cm_vc=IOPDP1

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after survey is done drive metal pins in the ground for markers every 50 feet along with some metal poles that stands about one foot high.  that way you got pins in the ground that is hard to move and high metal poles that can be seen.  that way there is no question on where the line is.    back fence off line 12 inches.  clear cut the 12 inches and fence area and build a good fence.  

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28 minutes ago, bud said:

I can put the craziest fence line anyone ever saw on my property, and what I own is still what's described on my deed and what I hold title on. 

Its "real" estate. Not, "But I've been mowing this grass for 20 years it should be mine" estate. 

Not harping on you, bigun, I just had this same issue with a neighbor, because the previous owner of my house only fenced part of my back lot.

 

Research the term adverse possession.

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30 minutes ago, bud said:

I can put the craziest fence line anyone ever saw on my property, and what I own is still what's described on my deed and what I hold title on. 

Its "real" estate. Not, "But I've been mowing this grass for 20 years it should be mine" estate. 

Not harping on you, bigun, I just had this same issue with a neighbor, because the previous owner of my house only fenced part of my back lot.

 

It can go either way actually, TN has adverse possession ,  where if someone used land for 20 years  (not paying taxes) or 7 years paying taxes they can have a right to said land.  That is why it's important to assert ownership of every piece of your land, if a neighbor is on your property it's important to challenge them on it, or allow them the use in writing so it's not adverse possession.

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1 minute ago, Omega said:

It can go either way actually, TN has adverse possession ,  where if someone used land for 20 years  (not paying taxes) or 7 years paying taxes they can have a right to said land.  That is why it's important to assert ownership of every piece of your land, if a neighbor is on your property it's important to challenge them on it, or allow them the use in writing so it's not adverse possession.

Good to know! 

 

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12 hours ago, bigun said:

Put it on the line. According to a lawyer, after 7 years it becomes the lawful property line.

Exactly! That's what a lawyer told me. If you set it back you forfeit that property in seven years. If you go over and the owner doesn't dispute it then it becomes yours in seven years.

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23 hours ago, mhmd said:

On the line and ask the neighbors to split the cost and  work. Crossbow will take care of the weeds/brush. 

That's cool of neighbor has a use for the fence as well.

There are border fences on three sides of my property (4th is the road). I have no livestock. Should I have any obligation to the upkeep of these fences?

I'm not arguing; just asking because I don't know.

Edited by gregintenn
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10 hours ago, Dane said:

You might want to consider tension wire fence instead of barbed wire.  much easier to put in and cheaper.  also easier to maintain. 

How is it easier? I've strung barb wire around a pasture before, but I'm not familiar with tension wire. Cheaper is always nice :)

 

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52 minutes ago, Wingshooter said:

How is it easier? I've strung barb wire around a pasture before, but I'm not familiar with tension wire. Cheaper is always nice :)

 

Well you know what barb wire is, tension has no barbs and 1 strand think. It is a lot more easier to cross.

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I am a land surveyor (19+ years) and just put up 1200 feet of smooth wire fence last fall down my line that I share with a subdivision. I put the fence 4" off the line. I had a guy cutting 20' into my woods to give himself more room on his McMansion mini lot. Plus The neighbors will pile wood, trash, junk whatever they want up to your fence. Do not give them the extra room.

As for adverse possession it has to be "open and hostile" per the law. Basically they have to be "taking possession" of your land buy fencing it off or denying you access to it. Mowing lines do not count. Many people try to make that claim and it just doesn't hold water in court. 

Also, on old farm tracts where the legal description is vague and there are no boundary markers, fences are sometimes held as the property line since they are the only markings of possession. Again put your fence on the known, surveyed line. Have your surveyor stake out the line and set your fence posts just inside the stakes.

I would also not recommend driving extra pins along the line. This could lead to confusion down the road as to where you line truly is. Maybe not for you but down the road other people may assume that a pin up the line represents you back line. T bar fence posts are a better marker because the are clearly visible and don't lead to any confusion. Remember, one day your kids may have to deal with the property once you are gone and you want it clearly surveyed, marked and protected.

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1 hour ago, Wingshooter said:

How is it easier? I've strung barb wire around a pasture before, but I'm not familiar with tension wire. Cheaper is always nice :)

 

Tension wire uses a single 12.5 Guage wire as opposed to 2 15.5 gauge wires in typical barbed.  Stretching tension wire is done with a spring (http://www.tractorsupply.com/tsc/product/zareba-tensioning-spring?cm_vc=-10005) and rachet (http://www.tractorsupply.com/tsc/product/heavy-duty-wire-strainer?cm_vc=IOPDP1).  Posts can be up to 50 ft apart as well as the you only need wooden posts on the ends.  If something pushes or falls on tension wire the spring will take the shock and shouldn't break the fence.  As the wire streaches  (as all wire does) a quick turn of the rachet will tighten it back up. 

As for cost 15g barb is $39.99 for 1320ft while tension is $99.99 for 4000 ft.

http://www.tractorsupply.com/tsc/product/red-brand-high-tensile-smooth-wire-200-000-psi-4-000-ft

Edited by Dane
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1 hour ago, gregintenn said:

That's cool of neighbor has a use for the fence as well.

There are border fences on three sides of my property (4th is the road). I have no livestock. Should I have any obligation to the upkeep of these fences?

I'm not arguing; just asking because I don't know.

I don't know if it is an obligation but it may make relations go smoother with that neighbor.  i have found putting in a little sweat equity with the neighbors is good for building bridges (and fences). 

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