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Comment by jerf

4 days ago

My family used to live next to state land. The state can be very pissy about its land. If the fence line is on the state land, which it almost certainly is barring a surveying error when it was put up, it is entirely possible that if he fixed it, he would actually get in trouble with the state. Hopefully not actual legal trouble... but only hopefully, certainly not a "oh they would never bother". Oh they most certainly do sometimes decide to bother about the most random things.

My default presumption, without checking with them directly, is not only that it would not be allowed, but that this is also very much not a "better to ask forgiveness than permission" situation either. Even just asking the question can draw attention from them you may not want.

The ready accessibility of the land is advantageous in some ways, but as neighbors the state can be quite nasty. Your other neighbors don't tend to have anywhere near the regulatory firepower to make sure you comply with what they want.

I think they’re suggesting building their own fence on their own property and eating the cost (as the sole beneficiary) of maintaining it through tree falls.

  • When a 200 ft tree at the fence line falls into your property that can take away much of your usable land.

    • This somewhat silly statement reminds me of when a city person moved in to a house on a piece of land bordered on all sides by mine in rural Sweden. Come autumn the trees - of which we have many, living on the forest edge as we do - started shedding leaves which also ended up on the gravel path leading to his house. He came to me and asked me to remove those trees bordering the path because they drop leaves on it which he doesn't want there. I had to explain to him that he no longer lived in the city where the streets are swept, that instead he now more or less lived in the forest where trees are the dominant life form and that these happened to be mostly deciduous trees which shed their leaves every autumn and as such the solution to his conundrum is not to urbanise the forest but to accept the occasional cover of leaves and the occasional branch on the path, remove them when they're in the way and otherwise just leave them be. Not long after that he bought a garden tractor which he now uses in a futile attempt to recreate his urban park in the forest. The trees keep on winning though, they're many against his one tractor.

    • And provide firewood to heat your home for the year. Depending on how much of a problem the broken fence is, you might even like it to fall your way.

      Depending on the size of the tree and your home you might have enough to sell to the neighbors too.

      I'm assuming the state doesn't come around asking for payment for their fallen trees.

      3 replies →

> If the fence line is on the state land, which it almost certainly is barring a surveying error when it was put up, it is entirely possible that if he fixed it, he would actually get in trouble with the state

Trying to maintain the state’s fence is not a good idea.

You would build your own fence on your side of the property set back by a couple feet.

It's very common to build a fence on your own land, even if your neighbors have a fence?

Like my neighbors have a fence, I have a fence, there is like a 1' alley in between them, everything is on the respective owner's land, and that would definitely work even if your neighbor is the government.

If fence integrity is important, you need your own fence. Otherwise your fence is as good as your least interested neighbor.

  • It depends. I had fences on several sides of my yard growing up. Nobody doubled up. For the most part, it worked. It seems liked all of the fences had a primary owner who’s attitude was “I have a fence, it doesn’t matter if you have a fence, but I do - so I will pay to maintain my fence”

    It worked.

I'd also assume the fence is on state land if its theirs to maintain. That doesn't stop someone from putting up their own fence on their side of the property line though.

  • You couldn't integrate it into theirs, so you'd be looking at having to fence in the entire space you want the dogs in because the gap you'd leave would have to be big enough for a dog.

    Which is hardly the end of the world, but it can definitely grind the gears to be spending thousands when you could fix the problem for several hundreds, if not perhaps several tens, of dollars if they wouldn't be assholes about it. But I would absolutely advise anyone in that situation to spend the thousands and not bank on the state not being assholes about it.

    I can also add that you can't even be sure that if you got away with it for years that you will continue to get away with it. The particular issue that my father got into a bit of hassle with the state about is that he accidentally put a pole barn across the state line. Didn't mean to, but he misread the survey markers. Fortunately, they let him remediate it at his expense without pursuing the matter any further legally... but it means they did, after several years of it being there, come through a with a survey team and verify that nobody on the border was crossing into their land, and anything they found they made the residents fix no matter how many years the deviation had been there. All the laws about such thing between two citizens mean nothing to the state.

    • > You couldn't integrate it into theirs, so you'd be looking at having to fence in the entire space you want the dogs in because the gap you'd leave would have to be big enough for a dog.

      These properties only border public land on one side.

      If someone is trying to fence their dogs into their property, it’s implied that they’re already fencing every other part of the property. They would be completing it with a back section.

    • > You couldn't integrate it into theirs, so you'd be looking at having to fence in the entire space

      Oh no. Tbe preposterous idea of putting a fence around your own property.

      5 replies →

> If the fence line is on the state land, which it almost certainly is barring a surveying error when it was put up, it is entirely possible that if he fixed it, he would actually get in trouble with the state.

Oh, the joys of living in a place with actual rule of law.

Here in my 3rd world country, people are free to annex land demarcated for streets that adjoin their property, without any real consequences, as long as it is not meant to be a major street.

You have never dealt with government if you think asking anything even in good faith and especially in good faith is a good idea.

For some reason every bureaucracy is a host to a type of person that will go very far to make sure everything is in accordance with rules. If you draw attention to yourself they might want to check some ridiculous things that no sane person would ever actually pay attention to.

These are the ambitious bureaucrats and are probably the worst scum on earth. If you watched Andor you know who I am talking about. Not the lady but that security guy. This is the exact type.

Sure, most times you will not meet them but some totally amazing people.

But it’s enough to meet them once and your life could be ruined forever.

The power asymmetry is too strong to risk it.

I would rather act as if I was an outlaw and a guilty criminal with my dealings with government. Guilty, on all accounts. Now.. how to avoid the punishment?

That’s how we think about the government in Eastern Europe culturally. Whether that’s exotic or relatable to you as American, that will be interesting.