Property owners in unincorporated DuPage County share responsibility for division fences on their common boundary under the Illinois Fence Act (765 ILCS 130). Each adjoining owner pays an equitable share of construction and maintenance unless they agree otherwise in writing. Township fence viewers — or, in DuPage, the appropriate county process — resolve disputes over cost, repair, and proportions. The County's Zoning §37-407 still controls height, setbacks, and orientation locally.
Cost-sharing for boundary (division) fences in unincorporated DuPage County is governed by the Illinois Fence Act, 765 ILCS 130. Section 2 defines a sufficient "legal fence" as one at least 4½ feet high and in good repair. Section 3 requires adjoining landowners to maintain their division fence "in just proportion," and Section 4 splits the cost of building or rebuilding such fences between the two owners. If neighbors cannot agree on the proportion or value, Section 5 allows fence viewers (in non-township counties such as DuPage, the County Board appoints them under §1) — or, alternatively, a court — to determine each owner's share. Section 6 lets one owner give written notice of needed repairs, and under Section 11, if the neighbor neglects to repair within the time specified, the noticing owner may complete the repair and recover the cost plus damages. Section 10.1 requires fence-viewer decisions within 90 days, with appeals to the county or township board and then to court. The Fence Act is the substantive cost-sharing law, but in unincorporated DuPage every actual fence still has to comply with County Zoning §37-407 (4'6" front-yard height, 6'6" side/rear height, 3" setback from property lines, finished side facing the neighbor) and obtain a County permit before installation.
Refusing to pay a just proportion of a division-fence cost, or neglecting required repairs after written notice, exposes an owner to civil action for costs plus damages under 765 ILCS 130/11. Building a non-compliant fence (wrong height, missing permit, finished side reversed) separately violates DuPage County Zoning §37-407 and can trigger County enforcement and removal orders. Contact DuPage Building & Zoning at 630-407-6700 for the local zoning side; private fence-cost disputes are pursued through the fence-viewer process or DuPage County Circuit Court (18th Judicial Circuit).
DuPage County, IL
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