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.
Indiana Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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How to fill out Agreement Between Adjoining Landowners To Maintain Fence Partitioning Agriculture Property?
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Line Fence Law: Indiana law makes it a duty for landowners outside corporate town or city limits to separate their land from that of their adjoining neighbor by a partition fence (lC 32-10-9-2).
The law states that unless there is a recorded agreement to the contrary, a landowner shall build the right one-half of the line fence determined by standing on his or her own property and facing the adjoining neighbor's properly.
Under the Indiana Partition Fence Law, adjacent landowners are required to share the burden of building partition fences, so long as one property is agricultural land located outside town or city limit. This applies even if only one property owners benefit from or use the fence.
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.
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.
The construction of a fence does not require a permit, however most fences encroach into an easement and there are also zoning requirements to consider. To ensure compliance with all codes, we advise you to apply for a permit here. If it happens that no permit is required, you will then be notified as such.
Boundary fence laws § 32-26-9-3, it is the duty of the landowner to separate their land from the adjoining property of the neighbors. The same law also states that the landowner must pay for the right half of the fence that faces their side of the land. The construction of the other half has to be paid by the neighbor.
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.
