Utah Agreement between Adjoining Landowners to Maintain Partition Fence
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How to fill out Agreement Between Adjoining Landowners To Maintain Partition Fence?
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FAQ
Many state laws only apply to what is deemed agricultural land. One example is a boundary fence. Though the law states that neighbors with a boundary fence must each contribute the reasonable cost of fence construction & maintenance, the land must be designated agricultural used for grazing livestock n order to apply.
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.
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.
Dating back to Utah Territorial days, Utah has been a fence-in state. This means those who own or care for livestock have the primary responsibility to ensure livestock does not trespass onto another's property.
If you feel your neighbor is beginning to use your land, even if it's a small fence, action is the recommended route. This is called 'encroaching' and it's a sneaky form of trespassing. Under Utah's state law, property owners have the right to enforce their rights in courts or via private agreements.
How tall can my fence be? Fence height is limited to a maximum of four (4') feet in any side front yards and seven (7') feet in any side or rear yard. Corner lots are limited to a maximum of four (4') feet in height on each yard that faces a street.
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.