Fencing
- From: wkambic@xxxxxxx
- Date: Sun, 07 May 2006 17:58:34 -0400
All fencing carries with it some risk of loss.
I'll say it again, ALL FENCING CARRIES WITH IT SOME RISK OF LOSS.
The issue is what risk you are willing accept. There is also the
question of legal requirement.
For example, Tennessee Code : TITLE 44 ANIMALS AND ANIMAL HUSBANDRY :
CHAPTER 8 FENCES AND CONFINEMENT : PART 1 GENERAL PROVISIONS :
44-8-102. Various materials constituting sufficient fencing - Rules.
(a) The following types of fence are deemed sufficient:
(1) Stone. - A substantial stone fence or wall, three and one-half
feet (31/2') high;
(2) Plank and post and rail. - A post and plank or post and rail
fence four feet (4') high;
(3) Rail. - A common worm or crooked rail fence five feet (5') high;
(4) Bank. - Every bank or other means used as a fence, or part of a
fence, equivalent, as an obstruction to stock, to either of the three
(3) classes of fence above named;
(5) Wire. - Any enclosure made by nailing fast two (2) sound planks,
each not less than six inches (6") wide, to posts set firmly in the
ground not more than eight feet (8') apart, the bottom plank to be not
more than three inches (3") from the ground, and the second plank from
the ground not more than four inches (4") from the first; and then by
stretching not less than four (4) strands of barbed wire tightly
between the posts above the planks, the topmost wire to be not less
than four and one-half feet (41/2') from the ground, and the bottom
wire to be four inches (4") from the topmost plank; the next wire from
the bottom one to be nine inches (9") from the topmost plank, and the
third wire from the bottom to be twenty-one inches (21") from the
topmost plank, the above distance as nearly as practicable;
(6) Osage orange. - Bois d' arc or Osage orange fences, wholly of
bois d' arc or Osage orange, or in part of bois d' arc or Osage
orange, and in part of wire or other material, at least four feet (4')
high, and at least eighteen inches (18") across the top and
sufficiently close to prevent stock of all kinds from passing through;
and
(7) Wire. - Any enclosure made by nine (9) smooth, horizontal wires,
the bottom and top or first and ninth of which are to be standard
number nine (9), and the other seven (7) standard number eleven (11)
wires; the first wire to be placed upon or very near the ground; the
second three and one-half inches (31/2") from the first; the third
three and one-half inches (31/2") from the second; the fourth four
inches (4") from the third; the fifth four inches (4") from the
fourth; the sixth six inches (6") from the fifth; the seventh eight
inches (8") from the sixth; the eighth ten inches (10") from the
seventh; the ninth ten inches (10") from the eighth. The vertical
stays or pickets are to be two feet (2') apart between the first or
ground wire and the fifth, and from the fifth to the top or ninth wire
four feet (4') apart. The posts are to be one (1) rod apart and well
stayed at the ends of the fence, so as to keep the fence from sagging.
(b) In addition to subsection (a), sufficient fencing shall include:
(1) A fence constructed from synthetic materials commonly sold for
fencing, if such materials are installed pursuant to generally
acceptable standards, to confine or restrict the movement of farm
animals; and
(2) Systems or devices based on technology generally accepted as
appropriate for the confinement or restriction of farm animals.
(c) The commissioner of agriculture may adopt rules and regulations
regarding sufficient fencing consistent with this part to provide
greater specificity as to the requirements of sufficient fencing. The
absence of any such rule or regulation shall not affect the validity
or applicability of this section or any section of this part as such
sections relate to what constitutes sufficient fencing.
44-8-103. Horses, cattle, and mules sufficiently fenced.
The following shall be sufficient and be deemed a lawful fence only as
to horses, cattle, and mules: any enclosure made by stretching not
less than five (5) strands of barbed wire tightly between posts firmly
set in the ground, or between growing trees and posts firmly set in
the ground, not more than twenty feet (20') apart; the topmost wire
not less than four and one-half feet (41/2') from the ground, the
bottom wire not less than six inches (6"), and the next to the bottom
wire not less than fifteen inches (15") from the ground.
Under the Statutes you can use almost anything and be legal. But if
you have in ingress or egress of horses, cows, or mules and you are in
conformity with 44-8-103 you are pretty much "ironclad" on damages
that you might suffer or that your stock might inflict. If you are in
conformity with 44-8-102 there will be a question of fact on whether
or not the fencing chosen was appropriate and, if appropriate, whether
or not is was properly used.
Or, put another way, conform to the specific statute and you might end
any legal problems with a motion. Conform to the general statute and
you're pretty much guaranteed a trial.
Electric fencing is wonderful stuff, but it is labor intensive.
To work it must be kept clean of vegetation. Here in East TN, with
our 60+ inches of rain per year, that means lots of time spent on
fence maintenance. The easy way is to run a strip of RoundUp 12-18"
out on each side of the fence. That keeps vegetation from shorting
out the wires and also helps defeat the "grass is greener" syndrome
that encourages animals to stick their heads through the fence.
RoundUp lasts about 6-8 weeks before it must be done again.
The hard way is a lot of time spent with a weed eater.
You also have to consider the terrain you are working with. Running
anything up a wooded hillside can be a tough go. And if it's tough to
put up it will be tough to maintain. So you want to use something
that will not require a lot of maintenance. Electric, under these
circumstances, is a poor choice.
Electric is also a poor choice is you are in an area subject to power
outages from any cause (including lightning strikes frying a fence
charger, either solar or 110 powered).
It's a poor choice if you have to fence accross a creek or stream.
Barbed wire, for all its many problems, is always on, always works,
and withstands a lot of abuse and neglect. That is why it's used
extensively for perimeter fences, particularly when enclosing large
acreage.
You also have to consider the risk you are willing to accept if a
containment fence fails. If you are along a busy highway what are the
risks of stock escaping? If you adjoin heavily wooded lands what are
the risks of stock escaping? If you adjoin a subdivision or are in an
urban area what are the risks of stock escaping? If you adjoin
heavily row cropped lands what are the risks of stock escaping?
Adequate risk analysis is a whole lot better than a series of "knee
jerks" or recitation of platitudes.
Responsible horse ownership means thought and the execution of a plan
based upon the particular circumstances of that location.
Bill Kambic
Haras Lucero, Kingston, TN
Mangalarga Marchador: Uma Raça, Uma Paixão
.
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