Indiana fence laws?

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  • Mr Evilwrench

    Quantum Mechanic
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    Aug 18, 2011
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    Carmel
    IANAL.

    And I would say it would depend. I tend to doubt it, especially if the actual owner were occupying the property and keeping it maintained but for that strip. It could be argued that the adverse possessor mowed before the actual owner had a chance to. But in any case, if the actual owner is concerned, a polite conversation to the neighbor is in order. If nothing else, it breaks the continuity of the possessory timeframe and restarts the clock. (But to prove that, a way to document the conversation would be a good thing.)

    Can I just shoot hm in the face? I'd really like to just shoot him in the face. He's a complete male sexual organ. His heirs can even have that little strip of dirt.
     

    Dirty Steve

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    Feb 16, 2011
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    Danville
    If you are building a fence, for Lord's sake get the property surveyed and establish exactly where the property line is located. Fences on neighbors property gives us so many headaches when both neighbors get in a p%&&ing match over where the property line is when one builds a fence. We end up having to tell one guy he's right and then listen to the other argue that our location is wrong because he/she remembers seeing a corner when they bought the property off of great granddad Smith and his sister's brothers cousin's nephew is a surveyor and told him/her that was the corner. (I own a surveying and engineering company). Then it goes to court, the p%&&ed guy hires his own surveyor who agrees with our locations and we all end up wasting time and money over a stupid fence. Set it 1" inside the property or 1 mm, whatever is convenient.

    Also, if you block an easement with your fence, the effected utility may or may not have the right to remove the fence to access their facility. It depends on the language contained in the easement dedication document. If none exists and it merely says "utility easement" with no identified benefiting party and no enumerated rights, it is likely a defective easement. Furthermore, blocking an easement that adversely impacts your neighbor, such as a drainage easement that impedes flow could result in a cause for suit against you under Indiana drainage law.

    Dirty Steve
     

    CHCRandy

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    Never heard of this. What is it?


    Log cabin rule allows most homeowners to skirt the law in counties like Hendricks where you may have $1000-$30,000 in fees, permits and improvements to build a 2 car garage. When the health department gets involved with a building permit....costs can increase dramatically. You can simply build it yourself or with friends with no permits. You can still use contractors, you just cant admit you paid them.
     

    MickeyBlueEyes

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    Jan 29, 2009
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    BFE, Indiana
    Dear OP: this is the rule of law from the purdue extension course and quotes the laws of the land. https://www.extension.purdue.edu/extmedia/ec/ec-657.pdf
    I did what it said, since mine would be for animal grazing, and it's right up on the line. I was getting tired of my neighbor knocking stuff over and cutting sapplings two riding mower paths into my property, so I t-posted this spring and then started stretching the fence over the summer. It's a work in progress, but it is within the boundaries of the law. I have three points of reference for my property marking, the road button from the survey, the quartered off section from the neighbors survey post and my old fence post from the previous owners horse lot. Those three items make a great line of sight marking system. I had it surveyed too, before this. But my points of reference were what originally gave back about 8 feet of my neighbors land, back to my neighbor from my land lease farmers wanderings.
     

    CathyInBlue

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    How expansive is the log-cabin-rule? Obviously it covers the domicile and anything directly appertaining thereto. References have been made to a two-car garage. Does it extend to fences, the topic of this thread? I would love to build a 10' tall privacy fence, and have the capability of digging the holes, plumbing the posts, mixing and pouring the concrete, and mounting the fence segments, but I'm 1000% confident that the Terre Haute city code wonks would be along with their measuring tapes and promptly writing out a summons requiring me to cut the fence down to the building code required maximum height of 6'.
     

    Mr Evilwrench

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    When I wanted a shed with a concrete floor and footer, I just [bad word] built it. The city guy came out a couple of years later for some reason I can't remember and we were talking about stuff. He said with a concrete floor I could have some trouble, but nothing ever came of it. That's in Carmel, honorary home of the HOA. I also got a 2.5m satellite dish and put it up, mostly to annoy my neighbor, but I can do stuff like that with an amateur radio ticket, since case law has shown prohibitions against antennae to be unenforceable.

    For the fence, I'd have an official survey done, put it maybe a foot inside the line, and avoid utility easements.
     

    shibumiseeker

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    near Bedford on a whole lot of land.
    So you are saying I can build a house on my land without permits? I can only guess what the county would say if I asked them about this.

    Basically yes, if you are doing the work yourself. I did. Twice.

    And yes, if your county's ordnance and zoning enforcement folks are as much petty bureaucrats as in some places you will have an uphill fight on your hands. It happens infrequently enough that most places haven't been spanked on this subject. Luckily in my county it wasn't an issue.
     
    Last edited:

    Echelon

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    Basically yes, if you are doing the work yourself. I did. Twice.

    Ad yes, if your county's ordnance and zoning enforcement folks are as much petty bureaucrats as in some places you will have an uphill fight on your hands. It happens infrequently enough that most places haven't been spanked on this subject. Luckily in my county it wasn't an issue.


    Did you notify anyone of your plans to build, or just start building one day? What about if you needed a loan, I'd imagine they'd frown on the non-permitted work.
     

    dudley0

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    Mar 19, 2010
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    Grant County
    Heck of a thread jack I know... but this is very interesting to me.

    My father got on the bad side of a local inspector. Now when anything gets put in his name the guy heads out looking for trouble. Does this only work for new construction then, or will it work for complete rehab work as well? What about if you were planning to sell the property?

    Will grab the link and start sifting...
     

    shibumiseeker

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    near Bedford on a whole lot of land.
    Did you notify anyone of your plans to build, or just start building one day? What about if you needed a loan, I'd imagine they'd frown on the non-permitted work.

    Just started building. The assessor has been out several times over the years to add the various structures to the tax rolls.

    Loan? I built it as I could afford it. I doubt I spent more than $15k on either house and owed no one anything. The first one took three years and the second one took a year and a half.

    But you are right, virtually no bank will loan on a self-built structure like that, and it can be much more expensive or impossible to get insurance (I have none). I also have 150 acres of timber and a sawmill, sand and gravel pits, and stone quarry.

    I'm not claiming it's the path for everyone, building your own home yourself (by hand, all of it, not subbing it out) is a lot of damn work and takes skills many people don't have. My place isn't fancy but it is energy efficient and solid. My doing so inspired another friend who has almost finished his place, ~3k sq ft and gorgeous, he built much of it himself by hand and also used lumber from his own land, some of which I cut for him.
     

    Mr Evilwrench

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    Just started building. The assessor has been out several times over the years to add the various structures to the tax rolls.

    Loan? I built it as I could afford it. I doubt I spent more than $15k on either house and owed no one anything. The first one took three years and the second one took a year and a half.

    But you are right, virtually no bank will loan on a self-built structure like that, and it can be much more expensive or impossible to get insurance (I have none). I also have 150 acres of timber and a sawmill, sand and gravel pits, and stone quarry.

    I'm not claiming it's the path for everyone, building your own home yourself (by hand, all of it, not subbing it out) is a lot of damn work and takes skills many people don't have. My place isn't fancy but it is energy efficient and solid. My doing so inspired another friend who has almost finished his place, ~3k sq ft and gorgeous, he built much of it himself by hand and also used lumber from his own land, some of which I cut for him.

    I wish I had all that. I have the skills, but in my city anything with an overhead meant for habitation requires a bribe to the inspector, and man, they'll crawl up your rectum over stuff like that. I did ask them about decks, and no permit is required, which kind of surprised me. Just set your footers below the frost line, which is pretty much common sense anyway. As long as they're below a certain height, you don't even need a rail, but I wanted rails anyway. As to the shed, I just up and built it, and haven't been fined or incarcerated as a result, so yay me!
     
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    Aug 14, 2009
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    Salem
    Am I the only one who snickered at the Log Cabin rule, thinking that it only dealt with a certain part of the Republican Party?

    And now back to our regularly scheduled flamethrowing....
     
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