Have I done enough?

Camelot Farms

Chickenista
10 Years
Jun 5, 2009
5,840
28
241
VA,TN,NC Tri-State area
My chickens and call ducks free range. We live at the end of a 'holler' and are surrounded by fields and woods except for on one side.

On that side, the neighbor has a 6 ft privacy fence, right on the pin. The property runs down hill, so her fence is straight but that leaves duck size gaps all along the bottom of the fence.

I have caught the little stinkers eating bugs on her side and always lure them back immediately if I see them.
A couple days ago, I left a note on her door letting her know that I have caught them sneaking over there to eat her bugs and I apologized. Also asked if I could staple poultry netting to the bottom on my side and then cover it on the ground to keep them from venturing over. I explained that it wouldnt be an eye sore as it is black netting and would hardly be seen amongst the shrubs and plants. I left our numbers to call or just give us a shout when we are out in the yard.

She hasnt called and she hasnt said anything when we are out and about.

I know what they say about assuming but she isnt the most friendly person so I would like to think that no news is good news...lol.
 
I think you've done enough once you put up the netting. I guess it depends on where you live, but where I'm from if a wooden fence is right on the property line then you can do what you want with "your" side. If she's had the opportunity to complain, and hasn't, I wouldn't worry about it.
 
Is the fence ON the property line, or set back from it? If it is on the property line, then you should be able to do anything you want on your side of the fence. If it is setback from the property line, then technically you cannot, but would need to construct your own fence. However, in some places (such as Arizona) setting the fence back from the property line is equivalent to abandoning the land that was not fenced, and could eventually claimed via adverse possession (by you). I have seen people state that where they live one MUST set back a fence, that it cannot be on hte property line. This sounds odd to me, as many times neighbors share the cost of erecting a fence between their properties, that is then mutually owned.

Last I recall the neighbor was regularly transversing your property--is that still occuring?
 
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Yep, its on the line. And the ugly side is on my side which is why when we bought the place, we thought the fence was ours...lol.

And yep they still trespass. You wont believe this but I swear its true. The DIL posted some pics of the grandkids on her FB page and I was looking at them with DD. I said 'aww, what pretty flowers' as the lil girls were holding Lilies. DD said 'you should think that they are pretty. They are your Lillies. WHAT!! She said the other day when they came through on the 4wheeler and Grandpa stopped and let the girls each pick a handful of my flowers. Sure enough, I looked and they were my lilies... I cant be mad cause its just so crazy

Back to the fence...the fence went in shortly before we moved in. It also turned the driveway from a horseshoe into a one way where we have to back down a hill to get out. But, cest la vie.
I'm just wanting to keep the ducks from diving under the fence where it doesnt meet the ground.

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Kim is there supposed to be any kind of an easement between your properties and if so, is the fence soley on the neighbors property or is it in the easement?
 
Don't know Virginia state laws regarding line fences. It would be worth your time to do a google search. Since the ugly side is facing your property you could reasonably assume the fence is yours. Or you could put netting on the step in posts. Trespassing and theft, oh my. And destruction of property, atvs are destructive. I would be mad.
 
if the pictures are your backyard, the way I see of things, you got the post exposing your backyard, AND the good side of panels (postless sides), the fence is YOURS and on your side. When you put up panel fencings, always face the good side on your neighbors. It has been done that way for years in the city and if you tried to put the good side on your backyard, the city can make you turn the panels around facing the neighbors.

Look into who the fences really belong to, you or them?
 

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