# Fence wreckers in a fence out state?



## Delfina (Feb 12, 2010)

I unfortunately live in a fence-out state. I fenced off all 44 acres we own with the definition of a "lawful fence" (I have 4 strands of barbed wire in some areas, field fencing plus 1-2 strands of barbed wire in others and no climb + smooth wire for my horse pasture) but my neighbors animals are trashing my fences. 

His mule has eaten the wood corner posts halfway through (6" wood posts and cross braces), he then snapped a 1/2 mile stretch of barbed wire, loosened the other line of barbed wire to the point where it was more of a hazard than a fence and smashed down the field fencing. At least I think it's the mule.... he's got 3 horses over there as well. 

The neighbor's idea of fencing is 2 strands of horrifically saggy barbed wire and some sorta sunk t-posts that are falling over for his back pasture and 2 saggy strands of electric cord (which is generally shorted out, so his animals are wandering the road) in the front, all of this is attached to his neighbors fences of course. He sent his kid over last week to tell me to repair my fences, I wasn't around so he informed my child who asked if they planned on helping or paying and his kid said oh heck no, your broken fence still still is better than any of ours, so we don't care but we don't want any of your animals coming over, so YOU need to fix your fence!!

All the damage is 100% his animals as I didn't have any on the fenceline until a week ago and all I have on my side now is 3 cows who don't even go anywhere near that fence as the grass is better elsewhere in their pasture. He is of the opinion that you should just barely feed your animals, moldy hay is just fine and there's no such thing as overgrazing so his animals stand in a dirt/weed lot while my cows are up to their bellies in grass... no wonder his animals want to come to my place! 

My husband and I spent all weekend re-stretching, patching and repairing the fence. The neighbor WATCHED! Yeah, couldn't be bothered to help or even say hi, just watched us knowing that my husband needs a hip replacement, I am still struggling to recover from knee surgery and the last thing we should be doing is fencing! All I can find online is that if his animals break down my fence completely, we can go after him for damages. I can't let them break it down completely, I don't want my dog or cows on the road and he is fully aware (and likes to remind me) that we are a fence-out state but at the same time, I can't afford to repair this fence continually! :-x If I moved my fence off my property line, he'd just appropriate my property for himself, he wouldn't bother putting up a fence. 

Any ideas? Electric is pointless... the mule is aware that you can break it and then go right back to doing whatever he wants. Literally takes his hoof and stomps until it breaks and then back in the road he goes....


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## Chevaux (Jun 27, 2012)

I can only see one viable option: 

Do you have small claims court where you are? I would go with an invoice showing costs you entailed (ie chewed post, etc.) and a request it be paid within 'x' amount of time and then it's off to court. Also, where we are we have shared fence legislation and perhaps there's something on the books in your area similar to this that would help with the cause.

It sounds like it must come to a showdown (sans guns) with the neighbor. Unfortunately, there's people out there who have no consideration or respect and really don't accept responsibility for their blunders. The only recourse for people like this seems to be to intimidate them as they'll never grow a conscience and step up to do the right thing.

Best of luck with resolution and keep us posted.


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## stevenson (Sep 12, 2011)

photo graph the fence post showing the side they are chewed on, send them a bill, take them to small claims for the cost of the repairs.


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## Saddlebag (Jan 17, 2011)

If the mule has defied electric fencing then it wasn't installed properly, at least the charger wasn't. It needs to be grounded. I can promise you that mule will touch 6000 volts only once and give it a wide berth after that. So will the cattle.


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## 4horses (Nov 26, 2012)

I would also think some strong electric fencing should do it. Make sure to put it high enough the mule can't put his foot over it. Maybe put it at wither level (of the mule), and maybe one more line over that.

Otherwise take him to court, but I don't think even then you will be able to get money from him.

If his animals get out on the road, call animal control.


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## churumbeque (Dec 20, 2009)

Check the fence laws n your state or county. In my area you are responsible for the right half of the fence when facing it. So everyone is responsibly for half. It will also say what kind of fence so that you didn't put up something really expensive at your neighbors expense. If they didn't maintain it regardless of who did damage then you would have a small claims case.


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## stevenson (Sep 12, 2011)

Is the fencing on your property ? or the property line ? If it is on your property, and his animals destroy your fence, you can file animal trespass charges.


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## Malice (Mar 10, 2012)

Tell him your prepared to install prison grade barb wire along the outside to keep his horses from damaging your fence. Maybe the threat of vet bills will convince him to fix his own?:lol:


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## boots (Jan 16, 2012)

Run yours over onto his pasture every time his take the fence down. Better yet, make sure you throw a squirrely old cow (not mean, just unschooled) with at least 5 barely readable brands on her hide into your herd. Horns help to impress most people. 

He'll start caring about keeping your shared fences in better shape.


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## boots (Jan 16, 2012)

stevenson said:


> Is the fencing on your property ? or the property line ? If it is on your property, and his animals destroy your fence, you can file animal trespass charges.


Not in a fence out state.


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## KigerQueen (Jun 16, 2013)

What if you put the electric rope along the top of the fence? and possibly loop it down the post so if he tries to chew the post he will be VERY sorry! You only need to do it to the fences you share with him. if its rope the mule cant stomp it out and if he tries to take it down from the top of the fence he will learn its not worth it.


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## KigerQueen (Jun 16, 2013)

"What if I want a fence and my neighbor doesn’t?: Wyoming law allows you to sue for half of the actual costs of constructing (and maintaining) a partition fence.
What if damage was caused, but the offending party refuses to compensate? As in most conflicts, first strive for a mutual agreement. But, if no agreement can be reached, it may be necessary to take the dispute to a higher level. In Wyoming this could be either the courts or arbitration. One way to reach resolution is through mediation overseen by Wyoming’s Agricultural and Natural Resources Mediation Service, (307) 777-8788.
However, avoiding fence disputes in the first place is easiest. Meet your adjoining landowners to establish communication. It is also a very good idea to gain a general understanding of the Wyoming rules involving fence building and maintenance. In any event, it remains clear that good fences make good neighbors."


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## STT GUY (Apr 23, 2014)

Delfina said:


> I unfortunately live in a fence-out state. I fenced off all 44 acres we own with the definition of a "lawful fence" (I have 4 strands of barbed wire in some areas, field fencing plus 1-2 strands of barbed wire in others and no climb + smooth wire for my horse pasture) but my neighbors animals are trashing my fences.
> 
> His mule has eaten the wood corner posts halfway through (6" wood posts and cross braces), he then snapped a 1/2 mile stretch of barbed wire, loosened the other line of barbed wire to the point where it was more of a hazard than a fence and smashed down the field fencing. At least I think it's the mule.... he's got 3 horses over there as well.
> 
> ...


Send him the repair bill (including reasonable and customary hourly fee for your labor) via certified mail. When it goes unpaid file a claim in small claims court and when he fails to pay file a lien against his property. Liens accrue pretty substantial interest and sooner or later you'll get paid with interest.


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