Delaware Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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Multi-State
Control #:
US-01136BG
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Word; 
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Description

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.

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  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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FAQ

It's certainly neighbourly to offer, but there's no law forcing them to contribute to the costs. If they do offer to help, then the fence is usually erected directly on the property line. If you are paying out of your own pocket, then you'd best build it on your own property.

It may order each party to build or repair a designated half of the fence or one to do all the work and the other to pay half of the cost. However, if the Fence-Viewers feel an equal share of cost or labour is unfair, they can divide the cost or work or both as they see fit!

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.

If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Generally, each must pay half the cost of building or repairing the fence.

Fence locations and maximum height Maximum 2 metres high. If your backyard is next to a neighbour's front yard, the fence must be open construction if it's within 4.5 metres of the neighbour's driveway.

The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario.

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Delaware Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence