Arkansas Statewide Rule
Arkansas Partition Fence Cost-Sharing Statute
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
Summary
Arkansas Code 2-39-105 governs partition fences statewide. When a neighbor encloses adjoining land using an existing fence as a partition, both owners share maintenance and repair costs. The rule applies uniformly across Arkansas, regardless of city limits.
When any person encloses any land adjoining another's land already enclosed with a fence so that any part of the fence first made becomes the partition fence between them, then, in such case, the charge of the division fence, as far as it is enclosed on both sides, shall be equally borne and maintained by both parties.
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?
Can I sue over a spite fence in Arkansas?
Sources
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