Alabama Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
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Word; 
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Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Alabama is a ?fence-in? state. This means livestock owners are obligated to keep livestock fenced in on their owned or leased property. Alabama has codified this requirement with Ala. Code §3-5-3.

Code § 35-7-1. Current with legislation from the 2023 Regular and Special Sessions. Partition fences within the meaning of this chapter are fences erected on the line between lands owned by different persons.

Adverse Possession in Alabama Alabama generally requires that someone possess a piece of property for 20 consecutive years before they become owners, but there are exceptions. If the other party falls under one of these exceptions the time period may be reduced to 10 years.

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Requirements as to construction of lawful fences?Generally. All inclosures and fences must be made at least five feet high, unless otherwise provided in this chapter. If the fence is made of rails, the rails must be not more than four inches apart from the ground to the height of every two feet.

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Alabama Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property