Indiana Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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US-01134BG
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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. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


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

In general, individuals who own agricultural land that is adjoining are required to build and maintain all partitional fences in equal shares, unless the parties agree otherwise.

Height limits typically are 6 feet for side and back yards; 4 feet for front yards. More restrictive rules often apply to corner lots, where blind curves can limit driving visibility. To avoid disputes, review restrictions with your fence company before choosing a 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. This applies even if only one property owners benefit from or use the fence.

The construction of a fence does not require a permit, however most fences encroach into an easement and there are also zoning requirements to consider. To ensure compliance with all codes, we advise you to apply for a permit here. If it happens that no permit is required, you will then be notified as such.

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.

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.

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.

If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.

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Indiana Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence