True property lines versus existing fences

[SDHNTR]

I had a circumstance occurred last fall in Colorado and it got me thinking. I have permission to hunt a ranch that has been in the same family for three generations. The northern property boundary is known to be about 50 yards on the other side of the fence. This is supported by on X, and also some recent survey work the family has had done.

But there just hasn’t been any real reason to justify the expense of moving the fence. The neighbors to the north are friendly enough, but they lease to an outfitter and have made it abundantly clear that no trespassing will be tolerated.

So we have more water on us and elk cross that fence line pretty much daily. So I was set up on this fence line and sure enough here come a handful of cows. I was setting up against a bush looking down the fence line. As the lead cow walked up to the fence, she picked me off. But I remained motionless and eventually won the stare down. They eventually jumped over onto our side and I shot one. Everything worked out.

But it made me wonder what if I had shot that cow immediately when she picked me off and before she jumped the fence? Technically, she was standing on our land, but on the neighbor’s side of the fence.

Now I would never do this just to maintain good neighbor relations, but would I have been within my rights to shoot that cow on the other side of the fence?

I know there are old range fences all over the west that were put in place long before we had accurate property lines. There has to be some court precedent on the matter.

 

[wapitibob]

Your landowner needs to get an agreement drawn up that stipulates where the property line is and allows the neighbor shared use of the strip outside the fence. Although, it may be too late and the neighbor my try adverse possession and claim the strip as his own.

 

[Erict]

I agree that getting an agreement is best.

Here's another situation you may face. Friend in Iowa has a "shared" fence that is 5-10 yards on his side of line. His land is wooded hunting land, neighbor has cattle and pastures nearby. Neighbor leases to hunters. Someone on neighbor side clearly cinched down the perfect fence to make perfect deer crossing, right near their ladder stand. If neighbor paid for the fence, do they have right to do so?

 

[mulveymo]

Legally, the property survey trumps all. I can put a fence through the middle of my backyard but it doesn't mean my neighbors can come hang out at will.

Drag free solution would be confirming with adjacent landowner that they know the fenceline isn't the boundary to mitigate a conflict before it happens.

 

[Forestryguy]

I've dealt with this several times at a former job. In Iowa, farmers can come to an agreement for moving the fence off the line for convenience (rough bluff country). The key issue is who can prove they have paid the property tax on that land for the 10 years they have own it. This does not apply to state or federal ground, though. In Iowa, you are responsible for the right-hand side of the fence. In CO, I have access to land where the boundary is way off from the fence to the actual boundary. This was an error by the FS when they fenced and went off Map North rather than Magnetic North while laying it out. This causes an issue since on the parallel boundary, the line fence is off by the same amount, and the landowner had to move a fence, though the FS was originally in the wrong. The corners are marked by a survey, but no one wants to move the fence to the actual boundary or sign it because they don't want to deal with FS over the issue. Look at a mapping app, and you will find these issues all over the place.