Range wars

Smart Red

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I don't think so. The barbed wire is there to keep people on one side. If they climb over and get hurt, they are trespassing and you are not responsible. Or so I have been told. I can't address someone who uses barbed wire in the city.

However, if you invite people to climb the fence and they get hurt you would be responsible under some conditions. It is really quite easy to get through a barbed wire fence (it used to be easier when I was younger and thinner). The usual "worst case" is torn clothes or slight scratches on the arm.
 

Smart Red

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I had a LONG talk with the officer's supervisor this evening. He agreed that questioning was out of place in this situation. Said it sounded like the officer was trying some interrogation techniques that were out of place and not done well.

From his discussion with the officer last night, it sounded as if the neighbor really convinced him I was at fault and wanted me arrested on the spot. The officer seemed to have made up his mind about the situation before speaking to me and getting my side. That is not doing his job properly. Said the officer had only two years under his badge and still has a lot to learn.

When the supervisor spoke to the neighbor today, B admitted that he had not seen me on his property -- not what B had told the officer on Thursday evening. I asked if I could charge the neighbor with harassment. Since the neighbor (mistakenly) really believes that he owns my land, it wouldn't be harassing. I asked if I should call them each time the neighbor is on my land? He said I could and that was my choice, but they couldn't do any more to B than they could have to me until there are Court papers and surveyor marks for the officers to see. The Judge's ruling is not enough.

I asked about a critter cam. He agreed that unless I called with each photo it might be construed as permission because I let the activity continue to go on. And, without the fencing, even a photo would be just B's word against mine as to whether B was on his property or ours.

Since the neighbor simply cannot wrap his head around the fact that land he thought he owned for all those years isn't and never was his, only a fence put up right behind the surveyor will end this. Of course, it might bring on an aneurysm or fit of apoplexy, but bumping into a fence seems to be the only way this family will figure this boundary thing out.

Patience is a virtue and I am trying terribly hard to be virtuous.

So what kind of trouble can I get into for setting up the "Burma Shave" posters? I don't name names and I have four neighbors with adjoining property. If they see themselves in the posters -- for their own reasons -- it's not my fault is it?
 

seedcorn

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Anything (barb wire) that injuries someone can make you liable. While illegal to trespass, it is also illegal to stop them unless they are in your house threatening a person. Not right but how it is in Indiana.
 

Carol Dee

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@Smart Red we put up a wire fence around our lot. Not barbed. It is enough to keep 3 wheelers and snow mobiles from driving through. I assume the intent of the fence is mostly as a boundary marker. So the barbs may not be necessary.
 

Smart Red

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I don't need barbed wire. All I expect is a simple line fence with a lower weave that will contain his dog(s) from using my land as a bathroom. T-posts and 4" x 4" mesh wire that's 3-4 feet high is good enough for me. It is not a fence I will see unless I mow or walk in that area.

For the neighbors, however, this fence will be seen every day and a constant reminder of what they will forever think was stolen from them. If they prefer a neater looking fence, I'm good with that as long as they pay the difference in costs. I would like space left for making a future gate since they said they plan to sell once the dispute was settled. There's no reason the next neighbors won't be friends.
 

ninnymary

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Smart Red, will the fence you propose be permanently enough? I'd hate to see you go away and find the fence has been moved a foot.

Mary
 

catjac1975

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The police do not want you to engage because this is when crazies can turn violent. The fence will be a visual reminder. It does not mean they will not cut it or take it down. If you don't see it they did not do it. Who is paying for the survey?
 
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