NEMO | nciacornfarmer - 9/19/2024 20:33
I’ve replied to a few of you but here is the situation. I purchased a farm and the one fence line was over grown with weeds and the fence was leaning over in spots. I burnt off the dead weeds and removed the junk fence posts and wire that would have caused issues with machinery. I did not ask the land owner across the fence because I have always been thanked for doing this kind of work, thinking this would be another situation where they would appreciate me cleaning things up. Well, long story short I got a letter from that landowners attorney threatening me and demanding I replace the fence completely. What’s everyone’s thoughts on this? Do I stand a chance to fight this? I technically did not ask permission to burn or remove anything. But there is still 3/4 or so of the posts left marking the dividing line.
Playing devil's advocate here:
You burn and remove part of a fence without talking to the neighbor. You deemed it be unworthy. Beauty is in the eye of the beholder.
Maybe the neighbor likes to hunt and the eyesore fence to you is habitat for rabbits, quail or pheasants for him.
If the posts and wire are in the fence line how would it have caused issue with machinery, unless you are farming on or over the line?
If you are willing to remove part of a fence how long until you are willing to farm 2, 5 or 10 feet over the dividing line?
I can see how a neighbor would be upset. Might of been better to push the leaning posts so they lean towards the neighbor. Maybe burn the weeds with chemical instead of fire so as to be a slower change of scenery for the neighbor and showing your intent to keep fence line clean and free of weeds/brush.
If your county/state is a right hand fence rule, then you were not out of line to maintain your half, but you removed some of it so replacement would be a good start to make amends.
I personally hate row crop farming where there is no fence. More so for the fact I don't like to accidentally be over a foot or two on the neighbor and being in the wrong because it's going to happen, especially with planting or field operations at night. Seems like it ends up being first come first served so it probably evens out over the years. Remember, I'm in Missouri and it's not flat so a lot of the time you can't see straight over the hill or to the next post or marker.
Now if there is a fence you stay on your side every time. No questions of where the line is. If worried about brush or weeds, spray with the end of the boom on top of the fence and keep the line clean or use the fence row nozzle if the sprayer has it.
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