Adjoining Landowner

 Demand on Adjoining Landowner to Erect or Repair Share of Partition Fence
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State:
Multi-State
Control #:
US-01133BG
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Description real civil actions

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. However, one who builds an entire partition fence may be considered as the sole owner of the fence until the adjoining landowner pays a proper share of the cost of construction, either voluntarily or under statutory compulsion.

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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