Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.
Colorado Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
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In rare cases, Colorado law allows people who trespass and encroach on other's land for18 years, reasonably believing it to be their own, to develop an ownership claim to the property. Many types of disputes can arise between Colorado neighbors.
If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.
Partition Fences Under C.R.S. § 35-46-112, when ?grazing or agricultural land of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each tract to build one half of the line fence.?
?Lawful fence? is a well-constructed three barbed wire fence with substantial posts set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence, or any other fence of like efficiency.
Try knocking or leaving a note on your neighbors door requesting a time to discuss the fencing situation. You will need to determine if you're willing to pay for the whole repair, or if you're looking to split the cost.
Unless property owners agree otherwise, fences on a boundary line belong to both owners. Good neighbors should agree to split repair costs for fences or common boundary walls. Both owners are responsible for the fence's upkeep.
