Oxford Democrat., 1893-08-22
writsen for the Oxford Democrat
THE LEGAL RIGHTS AND LIABILITY
or FARMERS.

Ihe leGAl HGHVS ANU lISotlit v
or FARMERS.
II has been provided In most states
by statute laws, that adjoining owners
OF improved lands shall maintain divis-
lon fences In equal shares. IL an OBJ
stlnate owner refuses to build his part,
the other party can build IL and recover
Of the delinquent owner double the ex-
pense.
IN an adjoining owner neglects to
keep his part Of division fence 10 repair,
he can maintain no action In law against
his neighbor whose cattle entered his
premises through his own neglect. But
now an important rule comes In, which
materially changes the farmers respon-
sibility. II the above named cattle stray
beyond the adjoining lands into the
fields Of third person, the owner OF the
cattle becomes liable for all damage
sustained, though the cattle escaped
not from any neglect OF his own.
Whether the person who neglects TO
keep his proportion OF the fence In re
pair could be made to refund, seems not
a well settled principle Of law. IL s
well established fact that the distant
farmer could recover damage only from
the owner of the cattle who IL bound 10
Keen his domestic animals on his own
land, except perhaps In the case OF
negligent adjoining neighbor.
IN a farmer turns his cattle into the
highway and they 90 on to anothers
land, he Is liable to pay all damage, Tor
a citizen Is not required to fence on the
road except to keep his own cattle In.
80 stringent is this rule, that II tramp,
fisherman, hunter or some one else
leave your bars down and your cattle
escape, though you are not In fault, the
law holds you responsible for all dam
ages.
ON the other hand, II you are CAREFUL
ly driving your cattle along the highway
and they break from your control with
out fault on your part, and run into ad-
,oiniug lands, II you drive them out as
soon as you reasonably can, YOU are not
responsible for any damage done.
The owner Of drove Of cattle which
stop 10 feed In the road In front OF your
land Il responsible at law, as II doing
the same In your moving field.
No persons children have a legal
right TO pick up apples under your trees,
although the same stand entirely within
the limits of the highway. IL fruit
tree stands wholly on your soil and the
branches extend across the dividing line
over the land OF an adjoining owner, he
can legally claim the fruit growing on
his side OF the fence, for the reason that
his title to ownership extends above the
surface IA well as below Ii.
No man has a right to stand In front
of your land aud insult you with abus-
I've, vulgar, obscene aud profane Ian.
gusge, In the hearing Of the inmates OF
the house, without being liable to an
action Of trespsss.
II the highway becomes impossible by
heavy SHOWS, deep gullies or other
cause, the traveller may enter an adjoin-
ing field without being liable as tres
pssser, provided he does no unnecessary
damage.
The control over shade aud ornament
al trees standing In the highway, Is gen.
orally vested In the town authorities,
aud the farmer has no right To trim or
remove them without permission to do
so.
BY long continued use, man can ae-
Qulre the right Of way across your farm.
The time Is generally twenty years. IL
Is not necessary for one person to travel
Il for that period, but " successive own
ers have unitedly used IL that length Of
time they may gain title which exists
no longer than necessity to use IL re-
mains.
IN YOU sell back lot, with no means
for the purchaser to get to any highway
except over the remaining land, the law
gives him the right to cross your land
to aud fro; otherwise his land would be
useless. IL you sell your front lands,
retaining the back part, you have right
TO cross the lot sold, IL you have no
other way Of ingress and egress, al
though no reservation Il made In the
deed Of conveyance.
FARMER FROM OLD OXFORD.
Pembroke, Mass, August, 1898.