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.
Title: Understanding Oklahoma's Demand on Adjoining Landowner to Erect or Repair Share of Partition Fence Introduction: In Oklahoma, the law provides guidelines regarding the obligations of adjoining landowners to share the responsibility for erecting or repairing a partition fence. This article aims to explain the intricacies of the demand placed on Oklahoma landowners and the different types of demands that may arise. Keywords: Oklahoma, demand, adjoining landowner, erect, repair, share, partition fence 1. Oklahoma Partition Fence Law: The Oklahoma Partition Fence Law, also known as Title 2, Section 61-66, outlines the rights and obligations of landowners when it comes to erecting or repairing a partition fence on shared property lines. 2. Adjoining Landowner Responsibilities: When a partition fence is needed to delineate boundaries between properties owned by different individuals, both adjoining landowners have a legal responsibility to share the costs of erecting or repairing the fence. 3. Demand for Fence Construction: One type of demand that may arise is when a landowner decides to construct a new partition fence or replace an existing one. In such cases, the landowner may request their adjoining neighbor to contribute their fair share of the costs associated with the construction. 4. Demand for Fence Repair: Another type of demand occurs when an existing partition fence requires repair due to damage or deterioration over time. In such cases, the landowner responsible for the repair can request the adjoining landowner to contribute their fair share of the repair costs. 5. Calculating Fair Share: Determining the fair share each landowner must contribute towards the fence's cost involves different factors, including the length of shared boundary, fence material, and prevailing market rates for fence construction or repair. 6. Providing Written Notice: Before making a demand, Oklahoma law requires the landowner seeking contributions from the adjoining neighbor to serve a written notice stating the intent to erect or repair the partition fence. The notice must include a detailed description of the proposed or required work and specify the estimated costs each landowner needs to share. 7. Negotiation and Dispute Resolution: Upon receiving the demand, the adjoining landowner has the right to negotiate the terms of the partition fence construction or repair, including the choice of materials and contractors. Disputes can be resolved through mediation or, if necessary, legal proceedings. Conclusion: Understanding the obligations and demands placed upon adjoining landowners in Oklahoma is important to maintain harmonious relationships and clearly define shared boundaries. Whether it is a demand for fence construction or repair, adherence to the requirements outlined in Oklahoma's law ensures equitable responsibility sharing and promotes amicable resolutions between property owners. Types of Oklahoma Demands on Adjoining Landowners to Erect or Repair Share of Partition Fence: 1. Demand for New Partition Fence Construction 2. Demand for Existing Partition Fence Repair.
