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Old 03-10-2009, 09:31 AM
 
Location: Central Texas
20,958 posts, read 45,380,737 times
Reputation: 24740

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Quote:
Originally Posted by Threerun View Post
You'd better check the reg's for that. I'm serious. If you're fence is a partition to keep people out, and a kid get's raked on that barbed wire and get's hurt, the property owner may be held liable if that partition fence doesn't meet the standards.

I went toe to toe with a neighbor and had him remove a two stranded high tensile wire fence that served no other purpose than to be a child deterrent. I won.
Was this because you were afraid that your child would be hurt while trespassing? If so, did you deal with the issue yourself of your child trespassing and did it work? Or were you the original cause of the problem by NOT dealing with your child trespassing?

There's what's legal, and then there's what's right (and I say this having been a legal assistant and seen this in action).

You're right in one regard - if the teenagers are injured on the fence, the landowner could be sued. However, if the teenagers are trespassing and twist their ankle due to the ground being uneven, the landowner could be sued, as well - that's why we have liability insurance, because of people who won't take responsibility for the consequences of their own actions, and their parents.
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Old 03-10-2009, 10:11 AM
 
Location: Lost in Montana *recalculating*...
19,743 posts, read 22,631,331 times
Reputation: 24902
Quote:
Originally Posted by TexasHorseLady View Post
Was this because you were afraid that your child would be hurt while trespassing? If so, did you deal with the issue yourself of your child trespassing and did it work? Or were you the original cause of the problem by NOT dealing with your child trespassing?

There's what's legal, and then there's what's right (and I say this having been a legal assistant and seen this in action).

You're right in one regard - if the teenagers are injured on the fence, the landowner could be sued. However, if the teenagers are trespassing and twist their ankle due to the ground being uneven, the landowner could be sued, as well - that's why we have liability insurance, because of people who won't take responsibility for the consequences of their own actions, and their parents.
My kids were babies when he did it. I allowed the neighbors kids to sled down our hill and it caused Mr. Paranoid to go catatonic. All these kids were non-teens, and some of the best, respectful kids around.

He installed two high tensile wires, one at 4', one around 18" off the ground. It was on the property line, not offset, and a good portion of it ran downhill where ALL the kids sledded in the winter. You can imagine what would happen to a kid if the sled went out of control and they hit a high tensile wire 18" off the ground.

BTW- The fence was only installed on the border with that hill. Nowhere else.

We all owned large acreage parcels, and this one guy was just a loner and really didn't like me buying the property next to him. It was vacant for years and he 'used' it as his. When we built our house, he even had the nerve to come over and tell me 'where' I should put my house (which was only convenient for him, lol). The guy was a paranoid looney, BTW. The fence was to deter people by either tripping over the lower wire, or getting bounced off the high wire. Which- is illegal.

I've run a lot of fence in my day, most of it field wire with barbed on top. All of the field fence was attached to the outside of the post, all the barbed in. That way it kept cattle in, and folks out. All I'm saying is there are rules in some states, and for good reason. You can't construct a fence aimed to maim.

Last edited by Threerun; 03-10-2009 at 10:23 AM..
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Old 03-10-2009, 10:23 AM
 
Location: South Carolina
14,785 posts, read 24,069,126 times
Reputation: 27092
I would look into getting an electric fence you know one that shocks folks when they try to climb it . just make sure you put no tresspassing signs on your property that way one of those little nimrods parents cant sue you at all they were warned . I would not think twice about doing it . two of our neighbors did it and they have not had any problems since . gee was this all not neccesary when we were kids because if we tresspassed and the neighbor told our parents , our rear ends got torn up and did not have to worry about the neighbor caused we were scared of what our parents would do . I think more parents need to know what their kids are doing and who they are with .
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Old 03-10-2009, 10:45 AM
 
Location: Lost in Montana *recalculating*...
19,743 posts, read 22,631,331 times
Reputation: 24902
Most people won't climb a field strand wire fence either, regardless of whether or not it's charged. You pretty much make your point clear with that itself.

I know where I live now, which is residential, you can't run an electric border fence, but you can use electric fencing in the interior of your yard to deter deer and such from gardens and plants. You have to use low output intermittent type chargers that cause no harm to humans.

Just check you regs before you decide.
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Old 03-10-2009, 10:48 AM
 
Location: southern california
61,288 posts, read 87,379,099 times
Reputation: 55562
law suits are a real problem here--- does not matter if there are signs. your concern is not baseless nor are you a crank.
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Old 03-10-2009, 10:58 AM
 
Location: Chicago
38,707 posts, read 103,131,824 times
Reputation: 29983
I'd say get yourself a few of
These.

(Any chance they make paintball gun pellets that are filled with just water?)
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Old 03-10-2009, 11:02 AM
 
1,492 posts, read 7,711,752 times
Reputation: 1452
Electricity will do it.

Thanks for your post- as many older homesites are seeing their generations die off, property goes up for auction and then housing developments spring up. Where it used to be 1 house per 5-10 acres, now it's 3 houses per acre. Those of us w/acerage KNOW what's coming-
hate it's happening to you.
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Old 03-10-2009, 11:24 AM
 
Location: Fly-over country.
1,763 posts, read 7,331,607 times
Reputation: 922
Hi. I'd talk to the teens who are cutting through.

Also consider natural walls (I once planted blackberries for this purpose, and of course, to eat.)
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Old 03-10-2009, 11:42 AM
 
Location: Lost in Montana *recalculating*...
19,743 posts, read 22,631,331 times
Reputation: 24902
http://www.tnfarmbureau.org/images/Issues/TN%20Fence%20Laws-Bro.pdf (broken link)

If you live in a township or municpality, they may have addtional regulations that are tougher than state or county regs.
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Old 03-10-2009, 02:22 PM
 
Location: Murfreesboro, TN
764 posts, read 2,547,949 times
Reputation: 714
Quote:
Originally Posted by VegasGrace View Post
Electricity will do it.

Thanks for your post- as many older homesites are seeing their generations die off, property goes up for auction and then housing developments spring up. Where it used to be 1 house per 5-10 acres, now it's 3 houses per acre. Those of us w/acerage KNOW what's coming-
hate it's happening to you.
Thanks, VegasGrace. I hate what it's turned into, too. I've known many of my other neighbors since I was 10 years old and we first moved out here and the land is what brought me back after my Dad died. I was initially pleased about the construction because 1.) they are very nice, upper-income homes 2.) it provided close - but not too close - playmates for my kids and 3.) ultimately raised my property values. However, many of these people have been simply horrid. There's an e-mail group for the neighborhood and they regularly slam the corner gorcery store that's been around forever and run by the nicest locals and anyone living in trailers which there are more than a few of around here. You'd think they'd scout the area out a bit for undesirable homes in the area before plunking down 600K for a house, right?

Not long ago, some punks found out that us country folk tend to be armed. 2 teen boys - from this very development - tried to break into the country grocery store early one morning. The cook was in the kitchen making breakfast and wasted no time pulling out her trusty S&W firing as they hauled butt outta there! Yeah, she had a carry permit and the store hasn't been bothered since.
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