This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.
Arkansas Notice to Adjoining Landowner to Repair Partition Fence
Category:
State:
Multi-State
Control #:
US-00946BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Notice To Adjoining Landowner To Repair Partition Fence?
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FAQ
Many cities will allow a 6 ft high fence to be erected within the sides and back of a residential property without the need of a permit, other locations will allow up to 7 ft or even 8 ft specifically for the rear fence. For the front yard, the maximum height allowed is generally much less, typically between 3-4 ft.
First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.
In Arkansas, no laws regulate the distance a fence must be from the property line. However, we recommend building the fence at least two feet from the property line. This gives you room to make repairs or adjustments to the fence without needing to trespass on your neighbor's land.
Ing to common law in Arkansas, title to real property could be changed by adverse possession if that possession were open, notorious, exclusive, continuous (for seven years), and intentional.
Adverse possession and Arkansas fence laws are closely related because fences often serve as boundary markers between properties. If a person's fence encroaches on a neighbor's property for more than seven years, the fence owner might be able to claim that land as their own through adverse possession.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
