Wisconsin Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

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Multi-State
Control #:
US-00945BG
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Word; 
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Description

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.

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FAQ

Wisconsin's fence law, codified in ch. 90, Stats., generally requires adjoining landowners to share the responsibility for maintaining a fence between their properties when either owner uses land for farming or grazing.

Wisconsin Legislature: 90.06. (1m) The following and none other are legal and sufficient fences: (a) A fence of strong woven wire not less than 26 inches wide with 3 barbed wires or 3 high tensile wires above.

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.

All trees on land over which any highway is laid out shall be for the use of the owner of the land or person otherwise entitled thereto, except trees that have been acquired by and for the public in the acquisition of the highway right-of-way and except such trees within the highway as may be requisite to make or ...

(1m) The following and none other are legal and sufficient fences: (a) A fence of strong woven wire not less than 26 inches wide with 3 barbed wires or 3 high tensile wires above. (b) A fence of strong woven wire not less than 30 inches wide with 2 barbed wires or 2 high tensile wires above.

The occupants of adjoining lands must keep and maintain fences in equal shares. The occupants may agree to use markers instead of fences. The occupants must maintain repairs unless the occupants mutually agree.

Wisconsin law allows people who trespass and encroach on other's land for a long period of time (typically 20 years) to develop an ownership claim to the property.

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Wisconsin Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half