All 50 states and DC
Who owns the fence between two properties?
A fence standing on the line between two owners is called a partition fence, or a division fence depending on the state. Most states have a statute saying how its cost is split. Many of those statutes are two hundred years old, were written for farms, and only bite when at least one side keeps animals. A handful of states have no rule whatsoever, which means the cost is whatever the two neighbors agree it is.
Who owns the fence between two properties, state by state
39 set a rule in state law, 9 were checked and say nothing, 1 hand it to the town. Every row links the state page and the document behind it.
| State | What the record says | Share or notice | Citation |
|---|---|---|---|
| Alabama | set in state lawBoth neighbors share the cost of a fence on the line in Alabama. | none stated | Ala. Code 35-7-3 |
| Alaska | no rule, documents checkedAlaska has no law that splits the cost of a fence on a boundary. | none stated | AS 03.30.010 to AS 03.30.060 |
| Arizona | no rule, documents checkedArizona has no law splitting the cost of a fence on a boundary between neighbors. | none stated | A.R.S. Title 3 |
| Arkansas | Not read yet | none stated | none |
| California | set in state lawTwo neighbors split the cost of a fence on the line in California. | none stated | Civ. Code 841 |
| Colorado | set in state lawColorado splits the cost of a fence on the line between farm and ranch neighbors. | 50% | C.R.S. 35-46-112 |
| Connecticut | set in state lawConnecticut splits a fence that sits on a property line between the two owners on either side. | none stated | Conn. Gen. Stat. 47-43 |
| Delaware | set in state lawDelaware splits a partition fence in equal shares between the people on either side, for as long as both of... | none stated | 25 Del. C. 1304 |
| District of Columbia | no rule, documents checkedDC has no law about who pays for a fence on the property line. | none stated | D.C. Code tit. 42 |
| Florida | no rule, documents checkedFlorida has no law about splitting the cost of a fence on a boundary. | none stated | Fla. Stat. ch. 588 |
| Georgia | no rule, documents checkedNo cost sharing rule for a boundary fence was found in Georgia's statewide codes. | none stated | Ga. Comp. R. & Regs. r. 110-11-1-.25 |
| Hawaii | set in state lawHawaii settles boundary fence questions in court instead of with a fixed cost split. | none stated | HRS 664-21 |
| Idaho | set in state lawWhen two Idaho neighbors share one enclosure and one of them needs a partition fence, the other has to buil... | none stated | Idaho Code 35-103 |
| Illinois | set in state lawIllinois makes both neighbors pay for a fence on the line between them, each one a fair share. | none stated | 765 ILCS 130/3 |
| Indiana | set in state lawIndiana splits a fence on the line by length, not in half. | none stated | IC 32-26-9-3 |
| Iowa | set in state lawIowa treats a fence on a boundary as a shared job. | none stated | Iowa Code 359A.1A |
| Kansas | set in state lawKansas splits a shared boundary fence between the two neighbors. | none stated | K.S.A. 29-301 |
| Kentucky | set in state lawKentucky calls a fence on the line between two properties a division fence. | none stated | KRS 256.030(1) |
| Louisiana | set in state lawLouisiana treats a fence on the property line as shared by both neighbors unless somebody proves otherwise. | none stated | La. Civ. Code Art. 685 |
| Maine | set in state lawMaine splits a fence on a property line in equal shares between the people using the land on each side. | none stated | 30-A M.R.S. 2952 |
| Maryland | set in state lawMaryland has no state rule splitting the cost of a fence on the line. | none stated | Md. Code, Local Gov’t § 10-318 |
| Massachusetts | set in state lawMassachusetts splits a fence on the line in equal shares between the two neighbors. | none stated | M.G.L. c. 49, § 3 |
| Michigan | set in state lawIn Michigan the owner who builds a fence on the line pays for it and for keeping it up, and the neighbor ow... | none stated | MCL 43.53(1) |
| Minnesota | set in state lawMinnesota splits the cost of a fence on the property line in equal shares, and only on farm land. | none stated | Minn. Stat. 344.03, subd. 1(a) |
| Mississippi | Not read yet | none stated | none |
| Missouri | set in state lawA fence on the property line in Missouri starts with written notice to the neighbor. | none stated | RSMo § 272.060 |
| Montana | set in state lawMontana splits a fence on a property line in equal shares between the people using the land on each side, f... | none stated | MCA 70-16-206 |
| Nebraska | set in state lawNebraska splits a fence on the line between the two neighbors. | none stated | Neb. Rev. Stat. 34-102 |
| Nevada | no rule, documents checkedNevada has no law about splitting the cost of a fence on the line. | none stated | NRS ch. 569 |
| New Hampshire | set in state lawNew Hampshire splits a fence on the line in equal shares between the two neighbors, as long as both are usi... | none stated | RSA 473:1 |
| New Jersey | set in state lawNew Jersey only splits a fence on the line when at least one of the two neighbors is pasturing or keeping a... | none stated | N.J.S.A. 4:20-7 |
| New Mexico | left to the townland inside a municipality's planning and platting jurisdiction | none stated | NMSA 1978 Section 3-18-6 |
| New York | set in state lawNew York Town Law splits a fence on the line between the two neighbors in fair shares, unless they agree on... | none stated | Town Law 300 |
| North Carolina | no rule, documents checkedNorth Carolina had a boundary fence law and threw it out. | none stated | N.C.G.S. ch. 68 |
| North Dakota | set in state lawNorth Dakota splits the fence on a property line in equal shares. | none stated | N.D.C.C. 47-26-05 |
| Ohio | set in state lawWhere a fence already stands on the line between two Ohio properties, both owners keep it in good repair in... | none stated | ORC 971.06(A) |
| Oklahoma | set in state lawNeighbors in Oklahoma share the job of keeping up the fence and the boundary markers between them, in equal... | none stated | 60 O.S. § 70 |
| Oregon | set in state lawOregon splits the cost of a fence on the line between neighbors. | 50% | ORS 96.010 |
| Pennsylvania | no rule, documents checkedNo rule about a fence on the line appears in the published Pennsylvania Uniform Construction Code. | none stated | 34 Pa. Code 403.62 |
| Rhode Island | set in state lawRhode Island splits a fence on the line between two pieces of land that are both in use. | none stated | R.I. Gen. Laws 34-10-10 |
| South Carolina | no rule, documents checkedSouth Carolina has no statewide law about a fence on the line. | none stated | S.C. Code Title 47, Chapter 7 |
| South Dakota | set in state lawEach landowner in South Dakota owes half the cost of building and keeping up a fence on the line, unless th... | none stated | SDCL 43-23-1 |
| Tennessee | set in state lawIn Tennessee a neighbor can get out of paying for a shared fence when one side is a farm and the other is not. | none stated | Public Chapter 266 of 1999, Section 2, adding a section to T.C.A. Title 44, Chapter 8, Part 2 |
| Texas | set in state lawTexas sets no statewide rule for splitting the cost of a fence on a boundary. | none stated | Agric. Code 143.122 |
| Utah | set in state lawUtah splits the cost of a fence on the line between two owners. | 50% | Utah Code 4-26-102 |
| Vermont | set in state lawVermont splits a fence on the property line in half when both sides are lived on or worked. | none stated | 24 V.S.A. 3802 |
| Virginia | set in state lawIn Virginia neighbors split a fence on the property line down the middle. | none stated | Va. Code § 55.1-2821 |
| Washington | set in state lawWashington splits a fence on the property line in half. | none stated | RCW 16.60.030 |
| West Virginia | set in state lawIn West Virginia every fence on a property line is a lawful fence unless the two owners agree on something... | none stated | W. Va. Code 19-17-4 |
| Wisconsin | set in state lawland used and occupied for farming or grazing | none stated | Wis. Stat. § 90.03 |
| Wyoming | set in state lawIn Wyoming a boundary fence becomes a shared fence as soon as it separates the land of two owners. | 50% | W.S. 11-28-106(a) |
The other nine questions
A fence rule usually turns on more than one of these, and the answer to one does not settle another.
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and each state page carries the date its documents were read. How findings are made · What the terms mean · Browse by state