New Hampshire Statewide Rule
New Hampshire Partition Fence and Boundary Statute
Key Facts
- Statute
- RSA 473
- Legal fence
- Reasonably adequate, good repair
- Cost split
- Equal between neighbors
- Dispute resolver
- Town fence viewers
- Neglect remedy
- Double appraised value (473:10)
Summary
New Hampshire RSA 473 governs partition fences between adjoining landowners, establishing shared maintenance obligations and a process for fence viewers to resolve disputes statewide.
Section 473:1 473:1 Duty. The owners of adjoining lands under improvement shall build and repair the partition fence between them in equal shares.
Full Breakdown
Under RSA chapter 473 (Division Fences), owners of adjoining improved lands must build and maintain the partition fence between them in equal shares. If neighbors disagree, either party may apply in writing to the town's fence viewers under RSA 473:17, who inspect the boundary and issue a binding division that is recorded in the town records. RSA 473:5 sets no fixed height: a legal fence is one of such height as to be reasonably adequate for its purpose and kept in good repair, with the fence viewers judging sufficiency. The cost-sharing framework applies statewide; local ordinances may add aesthetic standards but cannot eliminate it.
Violations & Penalties
If a party neglects a partition fence after the fence viewers' notice, the other may build or repair it and recover double the appraised value, plus costs of suit, from the delinquent owner under RSA 473:10.
Frequently Asked Questions
Who pays for a fence between neighbors in New Hampshire?
What if my neighbor refuses to share fence costs?
Can a town override partition fence rules?
Sources
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