March 2025 NEBRASKA CATTLEMAN 35 GOOD NEIGHBORS landowner essentially has an ace in the hole. If he doesn’t like the terms of a deal, he can simply ask a court to enforce a 50-50 split. This is not to say there is no room for bargaining. Speci c details of a situation can have a considerable impact. But without a convincing reason, it is reasonable to assume most disputes will end in a 50-50 split. Some examples may be helpful: Your run cattle and your neighbor is a grain producer. This scenario may be a good candidate for a 50-50 split as both you and your neighbor probably have similar interests in keeping cattle out of the crop. However, your neighbor might be willing to pay something more than half if you supply all the labor or otherwise handle all the necessary arrangements. You run cattle and your neighbor is a small acreage. Here, your interests probably diverge. For example, the owner of a small residential acreage may care greatly about the aesthetics of their fence, while your client may care only about functionality in keeping cattle out of the neighbor’s yard. You may be able to reconcile these interests by letting them build any attractive fence of their choosing if, in exchange, you contribute only a set amount toward construction and maintenance. Indeed, here you hold the ace in the hole; if the acreage owner won’t accept an arrangement like this, you can ask the court to order the default barbed wire fence. LITIGATION POST FENCE LAW REVISIONS I have tried two division fence disputes to judgment in di erent county courts since the Legislature substantially amended Nebraska’s division fence law. In the rst case, much of the litigation centered around whether a notice sent after construction commenced was su cient. This argument has been eliminated through the passage of LB 766, which clearly requires notice before commencement of construction. In both cases, the neighbor’s defense was that the division fence constructed was not a “lawful fence” under Neb.Rev.Stat. §34-115. I would urge you to carefully review the seven di erent legally de ned “lawful fences” AGRICULTURE, NATURAL RESOURCES, ENVIRONMENT AND ENERGY AND NC MEMBER CATTLEMAN under this statute before advising clients seeking contribution for constructing a division fence. The language is somewhat cumbersome, so close attention is warranted. Ultimately, my clients were both successful in enforcing contribution for the construction of the division fence, including the rst case being a rmed in district court. THE BOTTOM LINE Ultimately, Nebraska fence laws as amended encourage landowners to talk with their neighbors to work out through agreement or the mediation process who will build and maintain fences, how they will be built and maintained, how costs will be shared and other issues. ~NC~ Ultimately, Nebraska fence laws as amended encourage landowners to talk with their neighbors to work out through agreement or the mediation process who will build and maintain fences, how they will be built and maintained, how costs will be shared and other issues.
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