Property line fence in Indiana

This is a discussion on Property line fence in Indiana within the Neighbor Law forum, part of the Other Real Estate Law Matters category; Our neighbor wants to install a fence on the property line to keep his cattle in but the old fence ...

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Old Sep 28th, 2008, 04:49 PM   #1
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Question Property line fence in Indiana

Our neighbor wants to install a fence on the property line to keep his cattle in but the old fence was not maintained for so many years that many now nearly full grown trees exist in the fence line, many grown right into the fence itself. He wants to tear all the trees down, install a new fence and make us pay for half the cost! HELP in Indiana
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Old Jan 24th, 2010, 10:32 PM   #2
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Default Re: Property line fence in Indiana

If he wants it, he has to pay for it, and you have to agree if it is on your property in any way.
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Old Jan 25th, 2010, 09:41 AM   #3
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Default Re: Property line fence in Indiana

Wrong.

You do not have to agree. He can only do work/repair to his property alone, and he cannot charge you for touching your part of the property. The mere notion is utterly asinine. In fact, if he touches your portion of the property you can bring a lawsuit against him.

He cannot make you pay for half the cost. This project is his alone, and you would do best to advise him that any part of his project that interferes with your property will be grounds for a lawsuit.
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Old Jul 30th, 2010, 03:32 PM   #4
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Default Re: Property line fence in Indiana

I am having this same issue -my neighbor wants me to pay for half of his fence to keep his goats in-looking at the indiana fence laws this could be true-can anyone help?
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Old Aug 1st, 2010, 12:35 PM   #5
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Default Re: Property line fence in Indiana

Not really. If he wants the fence he needs to pay for it.

And it cannot touch your property. It needs to be inside his property line unless you agree otherwise.
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Old Aug 1st, 2010, 12:39 PM   #6
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Default Re: Property line fence in Indiana

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Originally Posted by Unregistered View Post
Wrong.

You do not have to agree. He can only do work/repair to his property alone, and he cannot charge you for touching your part of the property. The mere notion is utterly asinine. In fact, if he touches your portion of the property you can bring a lawsuit against him.

He cannot make you pay for half the cost. This project is his alone, and you would do best to advise him that any part of his project that interferes with your property will be grounds for a lawsuit.

This poster quoted above seems to have misread. Your answer is the same as the one above your post? Nothing is WRONG??? The other poster simply said the fence cannot be on the other person's land--unless the other person agreed.
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Old May 27th, 2011, 12:14 PM   #7
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Default Re: Property line fence in Indiana

Google - Indiana Farm Fence Laws...Purdue University EC-657

Regardless of whether or not you have livestock. You'll have to pay for, or build, half of any fence that's located on the property line, unless you're located in an incorporated area (within City/Town limits). Now, I don't believe you're required to remove the trees, but if you choose not to, it'll likely be more expensive to construct the new fence and since you're going to be paying for it, I'd assume you'd want to minimize your costs.
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Old Oct 19th, 2012, 07:15 AM   #8
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Default Re: Property line fence in Indiana

From what I understand both neighbors are responsible for the upkeep of half the fence.
Indiana Code 32-26-9
However, I thought I read somewhere where if the other neighbor doesn't use or need the fence you cannot make them pay for half and then the party wanting the fence must pay for it all. Township Trustees get involved and I'm sure it could be judged in favor of the person not in need of the fence.
I've also read where trees on a property line are a different subject all together and if a tree is actually on the line neither neighbor has rights to cut it down without consent of the other.
Regarless I'd say talk it over with your neighbor, or hire a good lawyer in the event you get a letter from the Trustee from your Township. That is if you live in Indiana.
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