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.
Arkansas Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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FAQ
One situation that can confuse property owners about their rights and responsibilities is when a fence is located directly on a property line. In many jurisdictions, this is referred to as a "partition fence," which is loosely defined as a fence located on the division line between two adjoining properties.
1 : a barrier intended to prevent escape or intrusion or to mark a boundary. 2 a : a receiver of stolen goods. b : a place where stolen goods are bought. vt fenced.
A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting. A fence differs from a wall in not having a solid foundation along its whole length.
Also, their construction is often different. Barriers that have holes or gaps, like our WOODCRETE Rails?, are generally considered a fence. Those that are solid are generally considered a wall.
The law requires that line fences be maintained by the adjoining landowners in a good and substantial manner and that each landowner bear an equal share of the cost of repair and maintenance. If you are a landowner in Ohio, it is vital to know the state's line fence law.
