FENCES
Enclosures composed of any substance that will
present an adequate blockade around a field, yard,
or other such expanse of land for the purpose of
prohibiting intrusions from outside.
A landowner is entitled to construct a fence
along the boundaries of his or her property, but
statutes may regulate the building and mainte-
nance of fences. The laws of some states make
provisions for the establishment of fence dis-
tricts to erect and maintain fences. Fence dis-
tricts are sometimes given the authority to levy
taxes to absorb the costs of building and main-
taining the fences.
Generally a landowner has the right to con-
struct a partition fence on the border of the
property adjoining his or her land. Owners of
adjoining land may enter into agreements set-
ting forth their rights and liabilities regarding
the erection, maintenance, and repair of parti-
tion fences. State statutes sometimes govern
landowners’ obligations with respect to such
fences. Such statutes differ from one jurisdiction
to another regarding what lands come within
the scope of their regulation. Some of these
statutes apply solely to agricultural lands,
whereas others also control fences between
urban lots. Unless otherwise provided by statute
or agreement to the contrary, both parties share
equally the duty to maintain the entire partition
fence.Neither may allege that the other was neg-
lectful. Various statutes permit a landowner to
construct or repair the partition fence in its
entirety upon a failure of an adjacent owner to
build or repair his or her portion. Subsequently,
the one owner may bring an action against the
neighbor for a contribution toward the expenses
incurred. Generally recovery is limited to half
the expense of the fence. Some fence statutes
provide that the amount recoverable from a
defaulting property owner is made a lien on that
owner’s land.
Theoretically, the ideal location for a parti-
tion fence is along the boundary line between
adjacent lands. Practically, substantial compli-
ance with this requirement is adequate. An equal
and reasonable amount of each owner’s property
may be used for construction of the structure.
A partition fence built on the boundary is
deemed the joint property of adjacent landown-
ers. For this reason, a property owner may not
eliminate a partition fence without first obtain-
ing the neighbor’s consent. The laws of some
states make removal of a partition fence by an
owner of adjoining land contingent upon for-
mal notice to other landowners. A landowner
may bring an action for whatever damages are
suffered if a fence has been improperly removed
or destroyed. The standard for measuring dam-
ages for such removal or destruction is its value
at the time, which is determined by replacement
costs minus depreciation for age and use.
A property owner who causes injury to live-
stock through negligent maintenance of a fence
will be held liable for resulting damages. A
landowner who erects a barbed wire fence is not
automatically liable to one whose livestock suffer
injury. If, however, a barbed wire fence is so neg-
ligently maintained as to become a trap for pass-
ing livestock, the owner will be held liable for
injuries even if the fence is entirely on his or her
own property. A landowner who leaves barbed
wire on the ground without protection after
erecting a fence is liable to the owner of the adja-
cent land for injury to that owner’s livestock.
If someone builds a fence on another per-
son’s land without any authority to do so, the
landowner may remove or destroy such fence.
An individual may not, however, remove or
destroy a fence on another individual’s land. A
number of states impose criminal penalties on
an individual who unlawfully fences the land of
another.
CROSS-REFERENCES
