1.) What state do you live in? Check your laws concerning fence right-of-ways and setback rules. I live in Ohio and here we have no setback law. The fence can actually sit a fraction of an inch inside my property line and there ain't a darned thing my neighbor can do about it. Plus, here we have a law in conjunction with that and it says that I have a 4-foot right-of-way on HIS property to build and/or maintain my fence. So, as long as I don't damage his property, I can walk on, drive a 4-wheeler/tractor etc. on his property and he can't do anything about that, either. If it's on his property and you do have a setback rule, he needs to move his fence as per zoning ordinance XX#x.
2.) Is the fence being shared? If the fence is yours and he is sharing it (we do that here where 2 farms that butt up against each other will share the property line fence) and he's being mean and nasty about everything...it's your fence, do what you want, and he should just be thankful that he got to use it as long as he did...and you can invite him to share in your new, safer fence as long as he can be nice. Lol. Seriously...here, that's how it is, plain and simple. If the other farmer wants a fence there after the owner wants to take it down, he has to put up his own.
3.) If it's a shared fence right smack on the property line, you'd have to probably go to court over the rails and the posts, but you can still do whatever you want with whatever's on your side of the fence, and he can do whatever he wants with whatever's on his side. A - He has to move the barbed wire over to the face of the post on his side if he wants to keep it; or B - you can cut the ends of the barbs off of whatever's on your side. (hey, 1 less barb end is better than 2!). Plus, you can put your insulators on your side of the posts and then run your electric. If you use the yellow plastic ones instead of the round ones they stick out farther...or the white t-post is good, too.
4.) If the fence is his, then you just erect your own fence right on your side of the property line. It'll be inside the barbed wire, so the horses will have to get a shock before they get to the barbs. If your horses are like mine, they won't even challenge the wire when it's turned off. Lol
The only other thing that I can think you should check on is if your township or city has a zoning ordinance restricting electric fence. Some places require that you have written permission from the property owners on all sides. Some don't allow it at all. Some don't care. Where I live, we just had a big fight over that. The zoning board "streamlined" the code and almost gave the farmers the shaft on just about everything. In the process they ordered "no electric fences"...because in true political form, NO ONE on the zoning board knew anything about or had any experience in agricultural husbandry of any animal, and they all thought that the elec. Fences we were using were like the kind you see in the movies...with the sparks flying. One guy says, "Why can't you guys just use some kind of low-impedence pulse for that?!"...and all at once 270 ppl said "WE DO!!!" Duuuuuuh. Lol It turned out good because we all learned that before that discussion, we weren't supposed to have an elec. At all! Now we can all have elec. And be happy. =D
Last edited by Liberty Valance; 07-26-2009 at 07:25 PM.