Maine Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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US-01134BG
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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. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


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.

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FAQ

Neighboring landowners in California share equal responsibilities for maintaining boundary fences. They are jointly and equally responsible for the costs of building, repairing, and maintaining the fence, regardless of which side of the property line it is located on. This includes front yard fence and the pool fence.

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.

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.

The spite fence law provides that any fence or other structure in the nature of a fence, unnecessarily exceeding ten feet in height, maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, is a private nuisance.

Can my neighbor make me pay for a fence in California? If a fence is constructed on the boundary line between your property and your neighbor's, California's Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement.

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Maine Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence