Minnesota Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

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

At-a-glance Homeowners can perform work on their own property. We require a permit for fences that are more than seven feet tall.

Fences must be constructed in a professional, workmanlike manner of materials that are designed for permanent outdoor use. Both sides of the fence must be maintained and remain in a state of good repair. The property owner is responsible for maintenance between the property line and the fence.

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.

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.

If one party fails to build, rebuild, or repair a partition fence and they are required to do so, then the other party has a right to complain to the fence viewers. If one party makes repairs acceptable to the fence viewers, then that party can recover repair costs from the adjoining owner.

In no case shall any permitted obstruction be located closer than one (1) foot from the property line, except for driveways, walkways, fences, detached accessory buildings, the storage of firewood and containers for the removal of household refuse, subject to the provisions of this section.

When a fence is on the property line between you and your neighbor (a ?partition fence?), Minnesota statutes state that expenses should be shared for installation and repair costs. If a dispute arises, the party who pays for the fence is entitled to recover from the non-paying homeowner their half of the costs.

Fences shall not exceed six (6) feet in height from finished grade in Rural Residential, Residential Suburban, and Urban Reserve Zoning Districts or eight and one-half (8.5) feet in height from finished grad in Commercial and Industrial Districts.

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Minnesota Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property