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.
Iowa Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
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An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.
Building a Legal Fence Three rails of ?good substantial material? fastened to ?substantial posts? not more than 10 feet apart. o A fence for merely land division can utilize 3 barbed wires. o The bottom wire should be between 16 & 20? from the ground, and the top wire 48-54?.
As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land. Of course, there are plenty of types of fencing, and where you should position your fence can change depending on the style you choose.
Good Neighbor Fence Definition A shared fence between two neighbors. A fence with an attractive, smooth side facing the neighbor or public with the posts and panels inside your yard. A style of fencing that is identical on both sides and beautiful from all angles.
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.
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.
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).
