North Dakota Statewide Rule
North Dakota Partition Fence Neighbor Cost-Sharing Law
Key Facts
- Governing statute
- N.D.C.C. Chapter 47-26
- Cost split
- Mutual and equal by default
- Dispute forum
- Township supervisors as fence viewers
- Legal fence
- 4.5 feet or 3-wire barbed
- Unpaid recovery
- 1% interest per month
Summary
North Dakota law makes neighbors mutually and equally responsible for maintaining the partition fence between their enclosed lands. Township supervisors act as fence viewers, apportion each owner's share, and resolve disputes over cost and repair.
The occupants and the coterminous owners of lands enclosed with fences are mutually and equally bound to maintain the partition fences between their own and the next adjoining enclosures unless one of such owners chooses to let that owner's land lie open. If one of such occupants or owners shall require a partition fence which shall exceed the requirements for a legal fence, the occupant or owner who shall require such a fence shall bear the entire cost of erecting and maintaining such a fence unless both such occupants or owners shall otherwise agree.
Full Breakdown
N.D.C.C. 47-26-05 binds coterminous owners of enclosed land to maintain the partition fence "mutually and equally," unless one owner lets their land lie open. A legal fence under 47-26-01 means at least a 4.5-foot barrier or a three-wire barbed-wire fence to spec. If a neighbor neglects repairs, the aggrieved party complains to the township board acting as fence viewers (47-26-02, 47-26-07); after notice and inspection, the viewers direct repairs and assign each owner's share (47-26-09). A party who rebuilds a delinquent neighbor's portion recovers the cost plus 1% monthly interest and viewer fees (47-26-08). Anyone requiring a fence exceeding the legal standard bears that extra cost alone.
Violations & Penalties
A township supervisor who unreasonably refuses to view a fence forfeits five dollars and is liable for all resulting damages (47-26-19). A neighbor who ignores a viewer's repair order pays the complainant's costs plus 1% monthly interest.
Frequently Asked Questions
Who pays for a fence between neighbors in North Dakota?
What if my neighbor won't repair their half of the fence?
Who decides how a partition fence is divided?
Sources
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