Kansas Statewide Rule
Kansas Partition Fence Law Splits Cost Equally
Key Facts
- Cost split
- Equal shares between neighbors
- Dispute forum
- Township fence viewers
- Fence viewers
- Board of county commissioners
- Neglect remedy
- Cost plus interest, fee, lien
- Governing law
- K.S.A. 29-301 to 29-305
Summary
Kansas requires owners of adjoining lands to build and maintain the partition fence between them in equal shares, as long as both occupy or improve their land, unless they agree otherwise. County commissioners act as fence viewers to settle disputes.
29-301. Maintenance. The owners of adjoining lands shall keep up and maintain in good repair all partition fences between them in equal shares, so long as both parties continue to occupy or improve such lands, unless otherwise agreed. ... 29-304. ... either party may apply to the fence viewers of the township in which such fence may be situated, who, after a reasonable notice to the other party, shall proceed ... to view such fence, and assign to each party, in writing, his equal share or part of such partition fence ... which assignment shall be recorded by the register of deeds of the county ... and shall be final, conclusive and binding upon the parties.
Full Breakdown
Under K.S.A. 29-301, adjoining Kansas landowners must keep up and maintain all partition fences between them in equal shares while both parties occupy or improve their land, unless otherwise agreed. When neighbors cannot agree on their obligations, K.S.A. 29-304 lets either party apply to the township fence viewers, who view the fence and assign each owner a share in writing; that assignment is recorded with the register of deeds and binds current and future occupants. The board of county commissioners serves as fence viewers in each county.
Violations & Penalties
If an owner neglects or refuses to build or maintain the part assigned by the fence viewers, K.S.A. 29-305 lets the aggrieved neighbor do the work and recover the cost plus one percent monthly interest and a reasonable attorney fee, secured as a lien on the responsible party's land.
Frequently Asked Questions
Who pays for a fence between two Kansas properties?
What if my neighbor refuses to maintain their side?
Can fence viewers order a fence to be moved?
Sources
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