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.
Nevada Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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How to fill out Agreement By Adjacent Landowners To Construct A Partition Fence With Each Party To Construct One-Half?
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FAQ
What does the law say on who gets the smooth side of the fence? We've already touched upon this above, but it's well worth reiterating as it can cause confusion. The rules are that the fence posts must be on the owners side of the boundary, but there is no law that states the smooth side must face either way.
The Line Fences Act provides a dispute resolution procedure between the owners of adjoining properties in most of Ontario.
If the fence is on the property line, the neighbours on either side are, legally, equal partners in the fence. Generally, each must pay half the cost of building or repairing the fence.
It's certainly neighbourly to offer, but there's no law forcing them to contribute to the costs. If they do offer to help, then the fence is usually erected directly on the property line. If you are paying out of your own pocket, then you'd best build it on your own property.
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.
If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.
It may order each party to build or repair a designated half of the fence or one to do all the work and the other to pay half of the cost. However, if the Fence-Viewers feel an equal share of cost or labour is unfair, they can divide the cost or work or both as they see fit!
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.