Kansas 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.

How to fill out Demand On Adjoining Landowner To Erect Or Repair Share Of Partition Fence?

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FAQ

Trees Along Property Lines In Kansas, a landowner has a right to trim branches that overhang their property even though the trunk of the tree is on a neighbor's land. The landowner may not go on the neighbor's land to remove the tree or any part thereof without permission.

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

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.

Landowners share the responsibility to maintain boundary or petition fences but individual landowners must maintain fences along roadways. 6. A landowner can go onto his neighbor's property to repair or replace a fence. It is not considered trespass if the work is done in a reasonable time and in a reasonable manner.

It shall be unlawful to plant or grow any trees or any vegetative growth which by reason of their nature will grow so high as to interfere with the use or safety of the street, parking area or public way of the City for electric lighting, power wires, telephone wires, fire hydrants, traffic signals, or street signs or ...

60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years.

If the tree is planted without your consent, that would be considered trespassing on your land and you would have the legal right to sue to have it removed. Once you have given that permission, though, there is a shared responsibility for the tree, for maintenance, pruning, and possibly even regular watering.

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