Tennessee's partition fence statute requires adjoining landowners using land for crops or livestock to share fence costs equally. The law applies statewide and cannot be overridden by local ordinance.
Tennessee Code Annotated Title 44, Chapter 8 establishes partition fence rules. When adjoining landowners both enclose or use land for agriculture, they must equally share construction and maintenance costs of dividing fences. A landowner who builds first may demand contribution when the neighbor later encloses adjoining land. Disputes over fence condition or cost-sharing are resolved by three disinterested freeholders appointed by a justice of the peace or general sessions judge. Lawful fences must meet height and material standards specified in the statute.
Refusal to contribute exposes neighbor to court-ordered cost recovery and damages.
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