Connecticut Agreement between Adjoining Landowners to Maintain Partition Fence

State:
Multi-State
Control #:
US-13402BG
Format:
Word; 
Rich Text
Instant download

Description

A Partition fence means a fence that is located on the division line between the adjoining properties of two owners. This form is a sample of an agreement to maintain such a fence.
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FAQ

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.

Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.

Fences may be installed by homeowners or their agent, up to a maximum nominal height of 7 feet above lowest adjacent ground level without a building permit.

A lawful fence is ?a fence with not less than four boards per 4 feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...

When a division fence exists by agreement, each party shall keep a lawful fence on his/her portion of the line. If a party fails to keep a lawful fence, then they are liable for all damages to trees, crops, livestock, etc. to the other party that occurs from trespassing livestock over the division fence.

State building code places a height cap of six-feet for CT residential fences and four-feet for retaining walls. The statewide planning department suggests not placing a fence directly on a property line because adjacent owners technically both own the property line.

There should be at least a 3-ft gap between your house to the property line and the same goes for your neighbor. Suppose you decide to build the fence right on the 3-ft mark, your neighbor may file a civil case against you.

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.

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Connecticut Agreement between Adjoining Landowners to Maintain Partition Fence