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.
Iowa Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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FAQ
Adjoining landowners must build a partition fence and jointly maintain it if one owner makes a written request for a boundary fence. Boundary fences made from hedge must be trimmed back twice per year, once in June and once in September, to within 5 feet of the ground (unless neighbors agree otherwise).
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.
359A. 16) ? Iowa operates both: o Fence-in Theory ? If livestock trespass due to owner negligence of fence, the livestock owner may be liable: ? To landowner for damages and maintenance costs caused by the trespassing livestock.
In determining how to apportion fence responsibilities under the statute, many landowners have traditionally applied the right hand rule: two adjoining property owners, facing each other at the center of the fence along their shared property boundary, each agree to build the right half from the center of the property ...
Can I place a fence on my property? Any non-farm fence or wall exceeding six feet in height shall obtain a building permit. A fence is prohibited in the road right-of-way. A fence is permitted within the limits of the side and rear yards to a maximum of six feet in height.
In Iowa, with one exception,3 a landowner does not have a legal duty to build a partition fence. However, a landowner can be compelled to contribute to the creation or maintenance of a partition fence upon the written request of an adjacent owner.
Understanding the Iowa fence law and the processes involved to develop a fencing agreement, is key to being an Iowa cattle producer. There is no legal duty to build a partition fence (IA Code Ch. 359A.