Kentucky Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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Multi-State
Control #:
US-01136BG
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Description

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.

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  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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FAQ

(1) When a division fence exists by agreement, acquiescence or compulsion, under this section or KRS 256.042, each party shall keep a lawful fence on his portion of the line.

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.

Property Lines and Tree Laws in Nebraska Nebraska law states that adjoining owners must keep the division fence in good repair and that includes removing or trimming trees when they interfere with the condition of the fence. If your neighbors do not comply with this law, you can sue them for private nuisance.

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.

This doctrine holds that when adjoining landowners, by mistake or compromise, have established a mutually respected boundary (differing from that in their deeds) over a 21-year period, that established boundary becomes the new property line.

In Ohio, a line fence is defined as a fence dividing adjoining lands of different owners. The law requires that line fences be maintained by the adjoining landowners in a good and substantial manner and that each landowner bear an equal share of the cost of repair and maintenance.

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Kentucky Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence