Alabama shares boundary-fence cost by statute. Ala. Code §35-7-3 makes a partition fence between improved lands the joint expense of both adjoining occupants, so a Lee County neighbor who ties in owes a proportionate share.
Alabama is not an each-owner-fences-his-own state, a point often misstated. Under Ala. Code §35-7-3, a partition fence on the line between improved lands must be erected and repaired at the joint expense of the adjoining occupants, and a neighbor who joins to or uses your existing fence owes a proportionate share, judged by the fence's condition when they tied in. Section 35-7-1 defines a partition fence as one on the line between lands of different owners. Unimproved or unused land carries no such duty, which matters across Lee County's rural farm parcels. Neither the county nor Auburn referees these disputes; a survey fixes the true line and the circuit court resolves cost and encroachment claims.
A neighbor who uses a partition fence but refuses a proportionate share can be sued under §35-7-3. An encroaching fence is a civil trespass a court can order moved; the county does not police boundary lines.
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See how Lee County's neighbor fence rules rules stack up against other locations.
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