Nebraska Division Fence Cost-Sharing Statute

Neb. Rev. Stat. § 34-102 requires adjoining landowners to construct and maintain a just proportion of any division fence between their properties. The default rule is an equal 50-50 split of construction and maintenance costs unless otherwise agreed. Before building or repairing, the requesting landowner must provide written notice to the neighbor under § 34-112.02, requesting performance or contribution. Disputes are resolved in county court rather than by the historic fence viewer system. Spite fences are not directly addressed by statute but may be actionable as private nuisances. The state framework applies broadly across rural and urban properties.

Failure to pay just proportion may result in civil judgment for cost recovery plus court costs; injunctive relief available for spite fence nuisance claims.