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.
Kansas Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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How to fill out Agreement Between Adjoining Landowners To Maintain Fence Partitioning Agriculture Property?
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FAQ
In general, the owners of adjoining lands are required to build and maintain all partition fences in equal shares, unless the parties agree otherwise. Kansas law does not force fence ownership.
Keep in mind Kansas is a fence-in jurisdiction. This means that livestock owners are required to fence their animals in. As stated above, our laws require the owners of adjoining lands build and maintain in good repair all partition fences in equal shares. This sometimes creates conflict.
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.
A legal fence in Kansas must have no fewer than three wires. The third wire must be not less than 44 inches or more than 48 inches from ground. The bottom wire must not be more than 24 inches nor less than 18 inches from the ground.
A landowner has a right to trim branches that overhang the landowner's property even though the trunk of the tree is on a neighbor's land. The landowner may not, however, go on the neighbor's land and remove the tree or any part thereof absent the neighbor's permission.
SCOPE OF REGULATIONS Under the new regulations, a fence permit is required for all fences six (6) feet or greater in height: 1) Where a new fence is constructed or an existing fence is being extended; or, 2) Fifty (50%) percent or more of the linear feet of an entire existing fence is be replaced or reconstructed.
