Mississippi Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

State:
Multi-State
Control #:
US-00945BG
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

For fences over four-feet, the fence must set back at least five feet from the property line for each additional foot. Fences cannot obscure a motorist or pedestrian view of an intersection, a property line from the street or a driveway edge.

There are rules on where a fence can be placed. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the property line). If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees.

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.

You Must Contribute to Maintain a Boundary Fence A fence built along a shared property line is considered the joint property of both landowners so when maintenance is needed, equal contribution is required. In Mississippi, this rule of shared maintenance applies to long-term tenants as well as property owners.

Alberta's Line Fence Act sets out rules and obligations that apply when a fence is erected for the purposes of keeping livestock belonging to one party from entering the adjoining land of another.

Mississippi law provides that livestock owners ?shall not permit such livestock to run at large upon the open or unfenced lands of another person ? but shall keep such livestock confined in a safe enclosure or upon lands belonging to such person.? However, individual counties in Mississippi may choose to hold an ...

Line fences mark the boundary between abutting properties. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.

A building permit is not required to build a fence. However, if the fence is to be built on top of a retaining wall that is over 1.2 m (3.9 ft) in height, a building permit is required for the retaining wall.

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Mississippi Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half