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

State:
Multi-State
Control #:
US-00945BG
Format:
Word; 
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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

Homeowners associations (HOAs) can no longer deny building a fence for security. ing to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property.

29-301. The owners of adjoining lands shall keep up and maintain in good repair all partition fences between them in equal shares, so long as both parties continue to occupy or improve such lands, unless otherwise agreed.

Basic Fence Laws in California Front yard fences have a maximum height of 42 inches, while backyard fences can climb up to 72 inches. These numbers change if you share the fence with your neighbor. A shared fence must be 62 inches tall at a minimum ? not maximum ? and free from relatively large gaps.

The Good Neighbor Fence Act in California establishes the principle of equal responsibility for building, maintaining, and repairing boundary fences between neighboring landowners. It promotes cooperation and fairness by ensuring that costs and responsibilities of fence ownership are shared equally.

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.

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.

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.

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.

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