Alabama Statewide Rule

Alabama Partition Fence and Boundary Statutes

Some RestrictionsApplies statewide across Alabama (2026)

Key Facts

Partition fence law: Ala. Code § 35-7-1 et seq.
Cost sharing: Improved-land fences (§ 35-7-3)
Range status: Fence-in; open range abolished
Livestock statute: Ala. Code § 3-5-2
Adverse possession: 10 or 20 years

Last verified: September 5, 2026Source: Justia Law

Summary

Alabama's partition-fence law (Ala. Code § 35-7-1 et seq.) makes a boundary fence between improved lands a shared expense of adjoining owners, with § 35-7-3 apportioning costs. Alabama is a fence-in state - open range was abolished - and boundary disputes follow adverse-possession and common-law rules statewide.

Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants; or if any person makes a fence a partition fence by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used.

Source: Justia LawView official code

Full Breakdown

Alabama's partition-fence statute is Ala. Code § 35-7-1 et seq. (Title 35, Chapter 7), not Title 3. Section 35-7-3 makes a boundary fence between improved lands a joint expense of the adjoining owners, and either party may apply to the district court, which appoints fence viewers to apportion the cost. Alabama is a fence-in (closed-range) state: Ala. Code § 3-5-2 abolished open range statewide and requires livestock owners to confine their animals, holding them liable for damage. Boundary-line disputes are resolved through adverse possession (Ala. Code § 6-5-200 - ten years with color of title or annual tax listing, or twenty years by prescription) and common-law principles applied statewide.

Violations & Penalties

Refusing to share the cost of a partition fence between improved lands can support a civil judgment under Ala. Code § 35-7-3. Failing to confine livestock shifts liability for trespass damage onto the animal's owner.

Frequently Asked Questions

Can I make my Alabama neighbor pay for half a fence?

Yes for a boundary fence between improved lands. Ala. Code § 35-7-1 et seq. makes it a shared expense, and § 35-7-3 lets a court apportion the cost. Purely decorative fences are not covered.

Does Alabama follow fence-in or fence-out rules?

Fence-in. Ala. Code § 3-5-2 abolished open range statewide, so livestock owners must confine their animals and are liable for damage caused by animals running at large.

How long for adverse possession of a fence line in Alabama?

Ten years with color of title and annual tax listing, or twenty years of open, notorious, exclusive, hostile possession without color of title, under Ala. Code § 6-5-200.

Sources

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