Indiana Statewide Rule
Indiana Partition Fence Law for Adjoining Landowners
Key Facts
- Statute
- IC 32-26-9
- Cost sharing
- Proportional to frontage
- Enforcement
- Township trustee
- Notice period
- 20 days
- Scope
- Agricultural rural land
Summary
Indiana Code 32-26-9 governs partition fences between adjoining rural property owners, requiring shared cost and maintenance. The law applies statewide to fences where at least one parcel is agricultural land outside city limits.
Sec. 0.5. (a) As used in this section, "agricultural land" means land that is: (1) zoned or otherwise designated as agricultural land; (2) used for growing crops or raising livestock; or (3) reserved for conservation. (b) This chapter does not apply to a fence that separates two (2) adjoining parcels of property unless at least one (1) of the adjoining parcels is agricultural land.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Does Indiana's partition fence law apply inside city limits?
What if my neighbor refuses to share fence costs?
Sources
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