Oklahoma Statewide Rule

Oklahoma Partition Fence Law for Adjoining Landowners

Some RestrictionsApplies statewide across Oklahoma (2026)

Key Facts

Statute: 60 O.S. § 70
Cost sharing: Equal shares when both enclose
Dispute forum: Fence viewers (4 O.S. §§ 141-152)
Recovery: Proportionate share of fence value

Last verified: September 5, 2026Source: Justia Law

Summary

Oklahoma statute 60 O.S. Section 70 makes adjoining landowners equally bound to maintain the boundary fence between them when both enclose their land. If neighbors disagree over building, cost, or condition, fence viewers appointed under Title 4 determine each owner's just share.

§60-70. Boundaries and fences. Coterminous owners are mutually bound equally to maintain: 1. The boundaries and monuments between them. 2. The fences between them, unless one of them chooses to let his land lie open as a public common, in which case, if he afterwards encloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. R.L. 1910 Sec. 6645. R.L.1910, § 6645.

Source: Justia LawView official code

Full Breakdown

Title 60 O.S. Section 70 ("Boundaries and fences") provides that adjoining landowners are mutually and equally bound to maintain the partition fence between them, unless one owner leaves the land unenclosed as open common. An owner who later encloses land previously left open must reimburse a proportionate share of the existing division fence. When neighbors disagree over building the fence, sharing its cost, or its condition, either party may call on fence viewers, appointed under 4 O.S. Sections 141 through 152, to inspect and make a binding determination of each owner's share. Livestock owners have separate herd-law fencing duties.

Violations & Penalties

A neighbor who refuses to maintain their share of a partition fence is liable for the complying owner's proportionate costs, with the value determined by fence viewers under 4 O.S. Sections 141 through 152.

Frequently Asked Questions

Must Oklahoma neighbors share the cost of a boundary fence?

Yes, when both adjoining owners enclose their land they are equally bound to maintain the partition fence under 60 O.S. Section 70. An owner who holds land as open common owes nothing until they later enclose it.

What if my Oklahoma neighbor refuses to repair their half of the fence?

You may call on fence viewers, appointed under 4 O.S. Sections 141 through 152, to inspect the fence and make a binding determination of each owner's just share of the cost.

Sources

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