Illinois Agreement between Adjoining Landowners to Maintain Partition Fence
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How to fill out Agreement Between Adjoining Landowners To Maintain Partition Fence?
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FAQ
It's the most famous fence in San Francisco history: a three-story-tall board wall that one of the city's richest men built around the home of a neighbor who wouldn't sell his property. The rich man was Charles Crocker, one of the Big Four who helped bankroll the construction of the transcontinental railroad.
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.
Illinois's Common Fence Laws Under Illinois law, ing to Find Law, if a shared fence needs repairs or anything, it has to be split between the two property owners. The responsibility for maintaining the fence falls on both of you.
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.
Charles Crocker, a railroad investor and owner of a house on Nob Hill in San Francisco, built a high fence around his neighbor's house, spoiling his view, after the neighbor held out for many times the market value of the property. (Crocker had wanted to buy the whole block.)
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor). For example, a spite fence might block the neighbor's view or obstruct the passage and enjoyment of light or air.
Since 1885, California real estate law has provided recourse for such so-called ?spite fences,? and you can file a civil action to be rid of the offensive fence. Specifically, the California Civil Code protects against ?Any fence or other structure in the nature of a fence? (Civ. Code §841.4).
A spite fence is a fence (whether a division fence or otherwise) built maliciously, with the sole purpose or intent of annoying, injuring, or spiting an adjoining owner (commonly a neighbor).
