Indiana Partition Fence Law for Adjoining Landowners

Under IC 32-26-9, when adjoining landowners use a fence as a boundary, they share construction, repair, and maintenance costs proportional to their frontage along the line. A lawful partition fence must be tight and strong enough to hold cattle, hogs, horses, mules, and sheep. If owners cannot agree, the township trustee appoints three disinterested citizens to apportion responsibility. After 20 days notice, if a defaulting owner fails to repair, the trustee builds the fence and assesses costs. The chapter generally applies to agricultural land outside town or city limits; municipalities may regulate fences within their boundaries.

A defaulting landowner who refuses to build or maintain their share faces township trustee enforcement, with repair costs assessed against the property as a lien.