Illinois Division Fence Rules: Neighbors Split Costs (765 ILCS 130)

Section 3 of the Fence Act commands that when 2 or more persons have lands adjoining, each shall make and maintain a just proportion of the division fence between them. Section 2 sets the standard for a legal fence: four and one-half feet high and in good repair, built of rails, timber boards, stone, hedges, barbed wire, or woven wire. When neighbors disagree over their shares, either party invokes fence viewers under Section 8; if one owner ignores the eight days' written notice to choose a viewer, the other party may select both. Hedge fences carry their own trimming deadline of June 15.

Neglecting your share of a division fence lets the neighbor call in fence viewers to apportion the cost. Ignore the eight days' written notice to pick a viewer and the other owner selects both and recovers your assessed portion.