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

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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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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  • Preview Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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FAQ

These interior fences can also be called partitions, because they work just like walls do that are indoors, to enclose a space such as a swimming pool or a vegetable garden. Partition fences also help to define space in a more open way, improve property safety, and control views.

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 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.

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.

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.

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.

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

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.

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