Any order made by the fence viewers, or any agreement in writing between adjoining landowners, when recorded in the office of the recorder of deeds, as in?ÿ359A chapter?ÿprovided, shall bind the makers, their heirs, and subsequent grantees.
RCW?ÿ58.04.007
Affected landowners may resolve dispute over location of a point or line??Procedures.
Spoke with my client a few minutes ago.?ÿ The fence at issue in my case was built about five or six years ago to restrain livestock.?ÿ We found a monument at the northwest corner of the adjoiner's tract that agreed with our determination of that point.?ÿ Anyone with a 50 foot or longer tape should be able to measure 416 feet and not be off by being 15 feet too long.?ÿ The client is related to the adjoiner.?ÿ The fence will be getting moved.?ÿ We may end up going back to make additional points on line for the full quarter-mile.?ÿ Money, money, money.
My experience is " always" is always wrong.
Except when it is correct.
My experience is " always" is always wrong.
All generalizations are false.
The statements that began the topic elicited a thoughtful email from the client, revealing more details, and they still want a survey. Even more surprising is that the adjoiner may agree to move the fence to the deed line, so that the client has enough room to fit a mower between the new fence and the house, and adequate setbacks, in this world of 5000 square foot lots platted in 1875.
?ÿ
"He may not believe us but he'll agree to a survey, therefore we believe this survey is the only thing that will make the peace"
Well okay then, how about Wednesday if it's not raining too hard? I'll get a street entertainment permit and hire three bands and two porta potties, and we'll try to find a BBQ trailer, and the kegs are on you. Cheaper than an attorney and a thousand times more fun.
@not-my-real-name What a fence viewer can do depends on the law of the state where the fence viewer serves. The law in Massachusetts was rather long and I don't pretend to understand it.
The Vermont fence viewer law is much shorter and conveys limited authority. The fence viewers don't get to decide where the boundary is. What they can do, if the adjoining land owners can't work it out between themselves, is decide that it is impractical to build a fence on the line, and decide where the fence can be put that is as close to the line as practical.
After making a decision, the fence viewers produce a certificate, which may be recorded in the land records. Such a recorded certificate might prove in the future that the owners never intended a fence to be the boundary.
Although the fence law is worded as if everyone must have a fence, the Vermont Supreme Court has decided it does not apply to land owners who don't need a fence because they don't keep any livestock on their property.
All generalizations are false.
No two ways about it; there are two sides to every story
No two ways about it; there are two sides to every fence...
Fences too
