Friday, September 4, 2015

Good Fences, Make Good Neighbors


Quite often the description of a rural property for sale will state it is “fenced” and perhaps even “cross-fenced”, which means the property has some amount of fencing internal to its perimeter boundary. The absence of or the quality of existing fencing should be given serious consideration by anyone seeking to acquire rural property for a farming or ranching endeavor, particularly one involving livestock.
Fencing does much more than just delineate a property’s perimeter boundaries, it aids in managing areas within those boundaries to facilitate securing livestock, croplands, woodlands, and buildings – quite simply it helps to keep your livestock in, the neighbor’s livestock out, and reduces access by undesirables, human and animal.
If you are purchasing a property for farming or ranching, fencing should be viewed as a valuable and necessary tool for your future operations; if the fencing is non-exist, not of the proper type to secure your livestock, or is in poor condition - the time, effort and cost to bring it up to operational levels should be identified prior to purchase. Keep in mind an accurate survey of the property to indicate where the property lines are will be required to ensure proper placement, both for existing fencing and any new fencing in the future. It is not uncommon to find that some amount of fencing has not been placed according to the survey. In this case, a remedy should be identified and agreed upon prior to the sale. Also, be aware surveys of rural property can be quite expensive, depending on the size of the property and the landscape, so any purchase of rural property should either require the current owner of the property to provide an accurate survey with the sale or if none exists, the cost of acquiring a survey should be negotiated prior to the sale. 
 
Evaluate the property’s fencing at the same level you would the roof of the house, or the age and size of the air conditioning system, etc., during the purchase of a home. Thoroughly check the fencing - walk or drive the property lines and don’t be reluctant to ask questions about the fencing; note any damage or areas of concern. It’s better to go to “closing” fully prepared than to be shocked after you have signed on the dotted line to find some or all of the fencing must be replaced. Putting up new fencing is not “rocket science”, but it does take some knowledge, strength, and tools – and of course, funds for materials.
Livestock, all livestock, will put pressure on fences in some way. This is particularly true of cattle; the grass is always greener on the other side of the fence and to a bull, the cows are prettier, too! Believe me when I say, looking up to see your cows and their calves sashaying down the county road, or the neighbor’s commercial-grade bull trying to breed your young registered heifers, gives your heart rate a big jolt; suffice it to say, it is things such as these you do not want to happen – ever, if you can prevent it.
 
There is an old saying “Good fences, make good neighbors”; I cannot overemphasize how true this is in rural America. No matter where you land, if it is in rural Texas, rural Montana, or anywhere on the map, chances are very great that you will be sharing a good portion, if not all, of your perimeter fencing with someone else. Fencing, as it relates to livestock management, can and does create a great deal of animosity between neighbors in rural areas, if allowed to do so. Fortunately, most people that raise livestock value good fencing and work with you to ensure shared perimeter fencing is maintained in good condition. However, expectations of both parties must be reasonable – for example, don’t expect them to buy into replacing fencing that works well for their needs with something new because your plans require a different type of fencing, nor vice versa.
 
Sometimes you can negotiate a split in costs for fencing and labor; sometimes it may be necessary for you to supply the labor. You may encounter neighbors that do not appear to have invested in maintaining the perimeter fencing; good communication between the parties involved can often establish the basis for this and identify possible solutions. There may be situations in which to get the perimeter fencing you need in place – you must supply the funds for materials, the labor, and deal with the neighbor’s livestock having access to your property during the process. In these situations the old saying “life ain’t always fair” applies.
 
Folks, here’s the bottom line - as a livestock owner, you are legally and financially responsible for anything that happens while your livestock are running loose on a roadway or on someone else’s property! If you can work with your neighbors to share responsibility for the fencing – wonderful – if not, don’t dwell on it or create a bad overall relationship because I can almost guarantee you a situation will arise in which you may need that neighbor’s help on something more important – pick your battles carefully.
 
Fences are a necessary tool in farming and ranching - get the fences up, keep them in good repair, and the time you would otherwise spend chasing loose livestock – yours or the neighbors - can be devoted to the other things on the list that need to be done – in farming and ranching there is always a list! J

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