Arkansas Neighbor Fence Rules Law: Statewide Fence Regulations Rules (2026)

Key Facts

Governing statute: Ark. Code 2-39-105
Trigger: Using neighbor's fence as partition
Cost split: Proportionate shared maintenance
Spite fence law: Common-law nuisance only
Agricultural rules: Separate stock-law statutes

Full Breakdown

Under Ark. Code Title 2, Chapter 39, when a landowner uses a neighbor's existing fence as part of their own enclosure (a partition or division fence), the benefiting neighbor must pay a proportionate share of construction, maintenance, and repair costs. This statute applies statewide and is not preempted by municipal ordinances, though cities may add fence height and setback rules. Arkansas does not have a comprehensive spite-fence statute; remedies for malicious fences arise under common-law nuisance doctrine. For agricultural land, separate fence-out rules historically apply, and stock laws may shift fencing duties to livestock owners.

Violations & Penalties

A neighbor refusing to pay their partition share may be sued for contribution; courts may apportion costs based on use and benefit.

Frequently Asked Questions

Do I have to share fence costs with my Arkansas neighbor?

Only if the fence functions as a partition between your enclosed lands. Pure boundary fences built solely by one owner with no benefit to the other do not trigger automatic cost-sharing.

Can I sue over a spite fence in Arkansas?

Arkansas has no specific spite-fence statute, but courts may grant relief under nuisance theory if a fence has no legitimate purpose and was erected solely to harm a neighbor.

Arkansas Partition Fence Cost-Sharing Statute