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.
Utah Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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US-00945BG
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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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If one person's property extends beyond his boundaries and encroaches on the adjoining land of another, this is an encroachment of land. It doesn't matter whether the encroachment is above or below the surface of the land. A Utah encroachment attorney can help you determine whether something is an encroachment.
An example is the rule of contribution to a boundary fence. Although the law states that neighbors with a boundary fence must each contribute the reasonable cost of fence construction and maintenance, the land must be designated agricultural and used for grazing livestock in order to apply.
A building permit is required prior to construction of any fence* or wall*. The permit is to ensure compliance with zoning requirements (location, height, type of materials) as well as to ensure the structural safety, which is verified by plan review and site inspection.
A maximum fence height of six feet (6?) within ten feet (10?) of side yard and rear yard property lines shall be permitted. Fences exceeding six feet (6?) shall be made on a flexible nonopaque material, mesh, or netting.
Any wall or other type of fence or sight obscuring vegetation shall be a maximum of three (3) feet in height. All other fencing installed in the front or corner side yard may not exceed six (6) feet in height. Also, refer to section 19.95. 040 (B).