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Connecticut Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

Category:
Real Estate - Boundary Lines
State:
Multi-State
Control #:
US-01134BG
Format:
Word; 
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


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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How to fill out Demand On Adjoining Landowner To Repair Portion Of Damaged Partition Fence?

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FAQ

Fences may be installed by homeowners or their agent, up to a maximum nominal height of 7 feet above lowest adjacent ground level without a building permit. B. Retaining walls may be installed up to a maximum nominal height of 3 feet above lowest adjacent ground level without a building permit.

Normally, the law says that you and your neighbour must equally share the cost of: building a dividing fence, where there is not one, or. repairing or replacing a dividing fence which has been damaged, destroyed or has deteriorated. repairing or replacing a dividing fence that is not a "sufficient" dividing fence.

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

Try knocking or leaving a note on your neighbors door requesting a time to discuss the fencing situation. You will need to determine if you're willing to pay for the whole repair, or if you're looking to split the cost.

State building code places a height cap of six-feet for CT residential fences and four-feet for retaining walls. The statewide planning department suggests not placing a fence directly on a property line because adjacent owners technically both own the property line.

The state requires landowners on both sides of a boundary fence to share construction and maintenance costs, unless other arrangements were made. If a neighbor doesn't pay, the other can file a complaint with the county's designated fence viewer, and collect twice the amount of the delinquent owner's share.

If you're the courteous type and enjoy getting along with your neighbours, it would be generous to show the smooth side of the fence towards them, but this is far from being an established convention and there's absolutely no obligation to do so if you don't want to.

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.

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