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.
Iowa Notice to Adjoining Landowner to Repair Partition Fence
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State:
Multi-State
Control #:
US-00946BG
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Word;
Rich Text
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FAQ
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.
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).
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.
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.
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.
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.
Requesting a Fence Some choose to follow the right-hand rule, meaning that each party is responsible to build and maintain that portion of the fence to their right of the midpoint. Landowners, however, can agree to any arrangement they choose for and maintenance of the partition fence.
