Indiana Demand on Adjoining Landowner to Erect or Repair Share of Partition Fence

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US-01133BG
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. However, one who builds an entire partition fence may be considered as the sole owner of the fence until the adjoining landowner pays a proper share of the cost of construction, either voluntarily or under statutory compulsion.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The requirement to share in the construction and maintenance of a line fence has an element of the fencing-out rule. But the livestock owner (landowner or tenant) has a duty to keep animals off the roadways with appropriate ?exterior? farmstead fences.

Residents/contractors are not required to get a permit to erect a fence, however, not all fences are allowed in all locations. Before you incur the expense of installing a new fence, we suggest that you familiarize yourself with the Indianapolis ordinance on fences (Sec. 744-510).

Under the Indiana Partition Fence Law, adjacent landowners are required to share the burden of building partition fences, so long as one property is agricultural land located outside town or city limit. This applies even if only one property owners benefit from or use the fence.

Determining Responsibility for a Partition Fence Under the Indiana Partition Fence Law, adjacent landowners are required to share the burden of building partition fences, so long as one property is agricultural land located outside town or city limit.

Under Indiana State law there is a specific statute for spite fences, which gives property owners some recourse if the fence is constructed in a malicious way. Fences under the statute cannot have fence height taller than six feet, or be built or maintained in a way that purposefully annoys adjoining landowners.

The law states that unless there is a recorded agreement to the contrary, a landowner shall build the right one-half of the line fence determined by standing on his or her own property and facing the adjoining neighbor's properly.

Boundary fence laws § 32-26-9-3, it is the duty of the landowner to separate their land from the adjoining property of the neighbors. The same law also states that the landowner must pay for the right half of the fence that faces their side of the land. The construction of the other half has to be paid by the neighbor.

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Indiana Demand on Adjoining Landowner to Erect or Repair Share of Partition Fence