Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.
Kansas Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
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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.
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.
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.
