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Can You Install a Barbed Wire Fence in a Residential Lot

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  • 03-14-2019, 03:59 PM
    Jimbo142345
    Can You Install a Barbed Wire Fence in a Residential Lot
    Alabama, my neighbor has erected a barbed wire fence along my residential yard, the barbs are at shoulder/neck hieght. Mowing along this fence has been very dangerous and caused injury... his lot goes along 3 yards all lined with barbs. Is there something i can do to have the barbs removed? Also he has no trespassing signs on the fence facing my yard. If anyone tresspassed theyd have to first trespass my yard so this guys sign is for me only
    There is no fence across the front and no signage otherwise. Only facing my yard
  • 03-14-2019, 04:10 PM
    adjusterjack
    Re: Barbed Wire Fence in a Residential Lot
    Caused injury?

    How much of an injury? Any medical bills? If not, get some. Then make a claim against him, in writing, for your bills and pain and suffering. Follow up with a lawsuit if you get no response. If he gets his homeowners insurance involved he will be in a world of hurt when his insurance company either makes him take the fence down or cancels his policy.

    I don't think there is any doubt about negligence here. He knows damned well that a barbed wire fence is dangerous and not necessary in a residential area.

    Also check your city and county ordinances to see if it's a violation.
  • 03-14-2019, 04:31 PM
    pg1067
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting Jimbo142345
    View Post
    my neighbor has erected a barbed wire fence along my residential yard, the barbs are at shoulder/neck hieght. Mowing along this fence has been very dangerous and caused injury.

    Ummm...how? Mowing a lawn is not exactly a high-speed activity, and I can see no reason why someone mowing a lawn couldn't easily avoid the wire that you described (unless the person has some sort of physical handicap).


    Quote:

    Quoting Jimbo142345
    View Post
    Is there something i can do to have the barbs removed?

    Well... have you had a conversation with your neighbor about your concerns? You didn't mention one, so I have to assume you didn't. That is the rather obvious first thing you should do.
  • 03-14-2019, 07:03 PM
    llworking
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting pg1067
    View Post
    Ummm...how? Mowing a lawn is not exactly a high-speed activity, and I can see no reason why someone mowing a lawn couldn't easily avoid the wire that you described (unless the person has some sort of physical handicap).




    Well... have you had a conversation with your neighbor about your concerns? You didn't mention one, so I have to assume you didn't. That is the rather obvious first thing you should do.

    I suspect that if someone is crazy/stupid enough to install barbed wire in a residential community that talking to them would be pointless.
  • 03-15-2019, 08:06 AM
    Chuck77
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting pg1067
    View Post
    Ummm...how? Mowing a lawn is not exactly a high-speed activity, and I can see no reason why someone mowing a lawn couldn't easily avoid the wire that you described (unless the person has some sort of physical handicap).

    If your neighbor continually threw roofing nails on your driveway, your solution would be to just drive around them.
  • 03-15-2019, 08:10 AM
    PayrolGuy
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting Chuck77
    View Post
    If your neighbor continually threw roofing nails on your driveway, your solution would be to just drive around them.


    No, but I wouldn't have problems with him throwing them in his own.

    That said, there may be an ordinance against such a fence or the OP may live next to a guy who legally has livestock.

    Also, the neighbor clearly thinks the OP has been trespassing.
  • 03-15-2019, 09:08 AM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    Unless there is a clear hazard, or restrictions, your only LOGICAL choice is avoidance!

    I'm curious.....why does your neighbor dislike you and yours? What y'all been doing to him? That's presumptive on my part. Is he batcrap crazy or somethin'?

    Quote:

    Quoting llworking
    View Post
    I suspect that if someone is crazy/stupid enough to install barbed wire in a residential community that talking to them would be pointless.

    If one has a problem not cured by traditional fencing, one may resort to alternatives to assuage an ongoing difficulty, perceived or otherwise. Residential? I missed that in the OP's posts somehow. Any idea if the residential development is out of any city limit.

    Alabama has got to have less zoning than where I live, small town Missouri. I'm within city limits and fencing is very lightly restricted, if at all. If I wanted to, I could do concrete a foot thick and 12' tall topped with concertina wire...perfectly legal. But minimal is better, so its traditional chain link for us.

    However, it's become trendy lately to develop housing in 'country' areas. I'd be upset that the adjacent property to mine put up 20+ luxury homes on property that was farmed since the beginning of recorded history. Roots run deep in farm country. I can see a born and raised on that property resident getting terminal resentment.

    I know, I know, sorta unique to speculate at both sides with a only the OP prespective. I got lots of free time though.

    ("assuage" is my big word of the day):

    Quote:

    Quoting Chuck77
    View Post
    If your neighbor continually threw roofing nails on your driveway, your solution would be to just drive around them.

    If that ain't apples to hand grenades, I'd be pressed to know what is.....
  • 03-15-2019, 10:01 AM
    budwad
    Re: Barbed Wire Fence in a Residential Lot
    What gives you the idea that OP is in Alabama?

    The fence is a spite fence and is not allowed in most states under common law. And local ordinances don't allow barbed wire fences except for security purposes.

    I'll wait for OP to explain the rest of the story (what was done to piss-off the neighbor) and what state OP is in before commenting further.
  • 03-15-2019, 10:18 AM
    Chuck77
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting souperdave
    View Post
    If that ain't apples to hand grenades, I'd be pressed to know what is.....

    Really? I see it directly relating to this. The guy puts up hazardous barbed wire that can injure his neighbor. Pg1067 says the OP shouldn't have a problem with it when he gets injured...blaming the injury on incoordination.

    Well, if pg1067 doesn't have a problem with "spite wire" he shouldn't have a problem with "spite roofing nails."

    Apples to hand grenades...hardly!
  • 03-15-2019, 10:22 AM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    ALABAMA was the first word. Brush up on your reading comprehension. And you assume that the OP has upset the applecart. That's mighty assumption on your part despite saying you'll wait for further....jus sayin!

    I live on a cul-de-sac with a couple homes that have wire fence. One electric.

    Rural areas have minimal restriction, if any, regarding fencing. HEY!, you can do the reading comp thing if you look into that.

    The fence could have a foot or two setback. Mine does.

    Quote:

    Quoting Chuck77
    View Post
    Really? I see it directly relating to this. The guy puts up hazardous barbed wire that can injure his neighbor. Pg1067 says the OP shouldn't have a problem with it when he gets injured...blaming the injury on incoordination.

    Well, if pg1067 doesn't have a problem with "spite wire" he shouldn't have a problem with "spite roofing nails."

    Apples to hand grenades...hardly!

    The fence could have a foot or two setback. Mine does.

    Barbed wire fence is only dangerous, hazardous, painful, only if you're a livestock. Or Stupid.

    Could be hazardous to a fleeing felon in the dark. In other news, BARBS ARE SHARP. Brainfulness will keep you safe!

    My apologies to the OP. Please share more.

    Quote:

    Quoting budwad
    View Post
    What gives you the idea that OP is in Alabama?

    Seriously? My clue was the first word.




    One more thought: Roofing nails could be screwed into reckless endangerment, property damage, etc.

    A fence keeps your stupid ass outta my things!

    One runs into one, instant education. I did when I was like 5, 50+years later, I HAVEN'T SINCE!
  • 03-15-2019, 10:56 AM
    PayrolGuy
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting budwad
    View Post
    What gives you the idea that OP is in Alabama?

    The first word of the OP's post was my big clue.

    Quote:

    The fence is a spite fence and is not allowed in most states under common law. And local ordinances don't allow barbed wire fences except for security purposes.

    I'll wait for OP to explain the rest of the story (what was done to piss-off the neighbor) and what state OP is in before commenting further.
    I certainly can't find any state laws banning such a fence in Alabama.
  • 03-15-2019, 11:27 AM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    Lived in Louisiana for four years, much like the rest of the South, you can do what you pretty much wanna do, within law and reason, to a lot of other more significant things than fence.

    In some areas salt shells are widely preferred to fences when it comes to interloper control....yeah, I know, like it's 2019.

    But once you've lived it, you know. Too many opine about crap they know nothing of.

    Like to see a pic of a "spite fence". Never seent one!:):):) However, seen spiKe fence before.
  • 03-16-2019, 06:01 AM
    budwad
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting souperdave
    View Post
    ALABAMA was the first word. Brush up on your reading comprehension. And you assume that the OP has upset the applecart. That's mighty assumption on your part despite saying you'll wait for further....jus sayin!

    Remember Evelyn Wood speed reading? Doesn't always work. I missed Alabama because I was expecting to see My question involves bla bla in the state of Alabama (or whatever). I just didn't see it. Really nothing wrong with my reading comprehension.

    Quote:

    Quoting Jimbo142345
    View Post
    Also he has no trespassing signs on the fence facing my yard. If anyone tresspassed theyd have to first trespass my yard so this guys sign is for me only. There is no fence across the front and no signage otherwise. Only facing my yard

    Well, I think it's a pretty sound assumption based on the post, that OP somehow pissed off the neighbor right or wrong.

    Quote:

    Quoting PayrolGuy
    View Post
    I certainly can't find any state laws banning such a fence in Alabama.

    Nor can I. However, local and county ordinances might.
  • 03-16-2019, 11:11 AM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    (...souper still waits patiently for a "spite fence pic and/or vid...)

    Zoning and restrictions are pretty sparse once outside of a metro/burbs area. 2 of the 4 years I lived in La. was in a house in a 5 acre stand of trees, smack dab in the middle of 1500 acres of soybeans, 4 minutes outta the back gate.

    Had I owned the place, I pretty much coulda done what I wanted. Within law and reason of course, with reason being a really broad-stroke brush so-to-speak.

    Travel the state and U.S. highways across the Bible Belt. Stay off the interstates. You'll have a 'cultural' experience like no other!

    Love the South!!! Got relatives in Tuscaloosa. We get there about 3 times a year. GO BAMA!
  • 03-16-2019, 12:46 PM
    BooRennie
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting souperdave
    View Post
    (...souper still waits patiently for a "spite fence pic and/or vid...)

    Zoning and restrictions are pretty sparse once outside of a metro/burbs area. 2 of the 4 years I lived in La. was in a house in a 5 acre stand of trees, smack dab in the middle of 1500 acres of soybeans, 4 minutes outta the back gate.

    Had I owned the place, I pretty much coulda done what I wanted. Within law and reason of course, with reason being a really broad-stroke brush so-to-speak.

    Travel the state and U.S. highways across the Bible Belt. Stay off the interstates. You'll have a 'cultural' experience like no other!

    Love the South!!! Got relatives in Tuscaloosa. We get there about 3 times a year. GO BAMA!

    I live in a rural area in Bama. There's barbed wire fence separating my land from my neighbor's land. Meh. Very few codes out here - one could not mow grass for several years and have no problems.
  • 03-16-2019, 03:03 PM
    PayrolGuy
    Re: Barbed Wire Fence in a Residential Lot
    Quote:

    Quoting budwad
    View Post
    Nor can I. However, local and county ordinances might.

    Which I mentioned in my first response. T
  • 03-16-2019, 08:32 PM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    Seems to be possibly some culpability by the OP, pretty much disappeared.

    Or, we scared the poor thing. 2 presumptions, no wating.
  • 03-26-2019, 07:28 PM
    SubjacentSupport
    Re: Barbed Wire Fence in a Residential Lot
    If your neighbor's fence is entirely on his property as it should be--including the barbed portions, then I would just let the grass grow between the fence and the setback on his property (even if that's just an inch or two), and then mow very carefully what is yours.

    I expect your not in a very rural area if you're using a push mower to mow right up to the property line--does your town/county have any rules regarding fencing? Here in my part of NY you cannot use barbed wire in residential areas according to local codes, and spite fences aren't permitted which the barbed wire and signage might indicate unless there was some reasonable explanation for it.

    If it were me, and I wanted to just avoid the lunatic next door, I'd probably pay to have the property surveyed, markers put in place and install my own solid fence that would protect people in my yard from the barbs, and hide the no trespassing signs. My guess is that would less stressful and cheaper than anything else.

    Has anyone read Norton v Randolph--how it might apply here? Reading it made my head swim...
  • 03-29-2019, 11:33 PM
    souperdave
    Re: Barbed Wire Fence in a Residential Lot
    Paraphrasing ALL of the responses, it's Capt. Obvious!
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