Indiana's partition-fence law makes adjoining landowners share a boundary fence proportionally, central to Elkhart County's Amish farm country around Middlebury, Nappanee, and Millersburg. If a neighbor refuses their share, you may build, give notice, and recover the cost.
On Elkhart County's enclosed farmland, the Amish and Mennonite farms threaded through Middlebury, Bristol, Nappanee, and Millersburg, a boundary fence is a partition fence, and Indiana Code 32-26-9 makes each adjoining owner build and maintain their proportional share along the line. A fence both owners use is presumed a partition fence unless they agree otherwise. If one owner refuses to pay their part, the other may build it, serve notice, and have the township trustee determine and enforce the cost. In town, residential boundary disputes fall to common law and small claims court; a survey fixes the true line.
A landowner who refuses to keep up their share of a partition fence can be charged for it after notice, with the township trustee assessing and enforcing the cost.
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See how Elkhart County's neighbor fence rules rules stack up against other locations.
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