Maine Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
Instant download

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

Under the ?Maine Rule? for adverse possession, only possessors who have the requisite intent can perfect an adverse possession claim. The Maine Rule has been consistently criticized. The history behind the adoption of the Maine Rule, however, and the purpose it was to serve, have been ignored.

A lawful fence is ?a fence with not less than four boards per 4 feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...

Florida state law does not require homeowners to build fences around their property, and neighbors do not have to divide their land with fences. However, Florida does require fences to be built around public and private pools as well as other water features like spas and hot tubs.

Do I need a permit for a fence? Yes, if your property is located in the shoreland zone or in a 100 year floodplain, or if you're looking to construct a fence over 8-feet.

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.

Maine defines a legal fence as one that it four feet high and in good repair. It can be built from rails, timber, stone walls, iron, or wire. Natural barriers such as rivers, ponds, creeks, ditches and hedges also are sufficient. Both neighbors are required to equally share in the maintenance of a common fence.

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Maine Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property