Nebraska Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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Multi-State
Control #:
US-01136BG
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Description

Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.

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  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
  • Preview Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence

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FAQ

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

For many years, Nebraska has been a fence-in state, in which livestock owners are liable for any damages caused by trespassing livestock. This trespass liability created an obligation on the part of livestock owners to restrain the animals, but not a specific requirement that the animals be fenced in.

The need for a permit to a front yard fence can vary depending on your location and local regulations. You must check with your municipality or local building department to determine if a permit is required. They can provide specific guidelines and information regarding the permit application process.

Property Lines and Tree Laws in Nebraska Nebraska law states that adjoining owners must keep the division fence in good repair and that includes removing or trimming trees when they interfere with the condition of the fence. If your neighbors do not comply with this law, you can sue them for private nuisance.

Good Neighbor Fence Definition A shared fence between two neighbors. A fence with an attractive, smooth side facing the neighbor or public with the posts and panels inside your yard. A style of fencing that is identical on both sides and beautiful from all angles.

Minnesota Statutes, Chapter 344 Minnesota partition fence law requires neighboring owners or occupants of ?improved and used? land to contribute in equal shares to the cost of building and maintaining a partition fence between their lands if either owner wants to fence the land.

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.

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Nebraska Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence