Illinois Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

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Multi-State
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US-00945BG
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Description

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.

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FAQ

No permit is required to a fence. Fences may not exceed six (6) feet in height. Fences may be placed up to the property line, except for on a corner lot: corner lots require fences to be placed a minimum of ten (10) feet back from the property line on the non-addressed roadway.

Fences and Fence Law Illinois Fence Law specifies that adjoining neighbors (in counties under 1,000,000 in population, to exempt Cook County) are responsible for their share of any boundary fence installation and maintenance.

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.

If the fence is located in the side or rear yard, the maximum allowed height is 8 feet, unless on a corner lot. When a fence is located in the front yard, the maximum allowed height is 4 feet. A permit is required when the fence/wall is used as a pool barrier on parcels of single family dwellings.

Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost.

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.

The law focuses more so on the fence installation. If a fence is put up on the property line itself then both parties have to agree to its establishment and whether or not the cost will be split. If you don't want to involve your neighbor, then your best bet is to put the fence a foot or two inside your property line.

Indiana case law has held just as the statute states, that the line fence is to be placed on the boundary line. Yet disputes may develop as to what is the proper place for the fence.

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Illinois Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half