@thebionicman never heard of that.?ÿ Seems like you'd just be setting yourself and future owners up for unnecessary problems.
If it's open when I arrive, I leave it open.?ÿ If it's closed, I reclose immediately, then open and close on the return.
I have had a personal situation that turned into a battle and the threat of a lawsuit for damages due to a gate that was open.?ÿ My cattle ended up on the adjoiner and he refused to allow me to enter his property to retrieve them, although he was certain they were doing great damage on his property.?ÿ The gate was secured in two places.?ÿ The open gate clearly showed the gate was opened by human hands and not a matter of cattle leaning against the gate until it became open.?ÿ I am positive the gate was opened by hunters paying to hunt his ground who then shot a deer on my side of the fence.?ÿ They opened the gate, retrieved the deer, then did not close the gate.?ÿ Neither of us had absolute proof.
Dad used to say a cow can feel a draft a half mile away caused by a gate being opened.
Yeah, I leave them open if I come across them open, usually. It depends if someone like a cluster of oil field workers are wondering in and out. Then I might close it.
Taking a picture really is important sometimes. You get a location and a time stamp and you can mail it to the office with a note what's going on.?ÿ
I've been blamed a couple of times and I simply show the pictures, that has always stopped the blame game.?ÿ
It's best to understand fence law in your state if you're a surveyor:
?ÿ
I believe this is the entire Arizona Fence Law:
3-1426.?ÿLawful fence defined
A. A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. If the posts are set more than one rod apart, the wires shall be supported by stays placed not more than seven and one-half feet from each other or from the posts, extending from the top wire of the fence to the ground, and each wire of the fence securely fastened thereto.
B. All fences constructed other than as provided in subsection A, or of other materials equally as strong and otherwise effective to turn livestock as the fences described in subsection A, shall also be deemed lawful fences within the meaning of this section.
This is found under "Ownership, Control and Regulation of Livestock." It says nothing about neighbors ?????ÿ
Black's Law:?ÿ Legal/lawful fence:?ÿ "A strong, substantial, and well-suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers."
@r-leonard Blacks Law does not override statutory definitions. The only thing more misleading is Webster...
and believe it or not, there is caselaw out there that refers to definitions in Black's, as misleading as it may be.
I try to not get into the fence thing.?ÿ I just stake the line, and if asked, tell them to talk to code enforcement/building department.?ÿ They'll probably need a permit, so it's not my decision or call
