What are an adjoining property owner’s rights?

I own a piece of property that joins another persons property without a fence in between. For the last 2 years he has had cattle roaming across both pieces without bothering to ask for my permission. Who’s responsibility is it to have a fence put up the man running his cattle on my property or me to keep his animals off my property?

Asked on March 13, 2012 under Real Estate Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Well, either of you could errect the fence.  Neither is obligated unless your state law says so or you sue to keep the cattle off your property and a judge orders it built.  And if you choose to errect the fence check state and local codes about maintaining it as well.  generally speaking if you errect you have to maintain.  Good luck. 


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