Pennsylvania Statewide Rule

Pennsylvania Line Fence Law: Neighbors Split Cost Equally

Some RestrictionsApplies statewide across Pennsylvania (2026)

Key Facts

Statute: 29 P.S. § 41 (1905 Act)
Cost split: Equal halves between adjoining owners
Enforcer: County surveyor as fence viewer
Compliance window: 40 days after notice
Winter exemption: No forced building December–March

Last verified: July 31, 2026

Summary

Under Pennsylvania's 1905 Line Fence Act (29 P.S. § 41), adjoining owners of improved and occupied land must build and maintain equal halves of any boundary or division fence, and neither owner can escape that duty without the other's consent.

owners of improved and occupied land shall erect and maintain an equal part of all line or division fences between them, nor shall any such owner be relieved from liability under the provisions of this act except by the consent of the adjoining owner.

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Full Breakdown

When a neighbor neglects their half, the aggrieved owner calls in the county surveyor, who acts as the statutory 'fence viewer' and inspects the line. If the fence is found insufficient, the surveyor reports to the magisterial district judge (the office that replaced the justice of the peace), who orders the delinquent owner to build or repair within forty days. Miss that deadline and the other owner may do the work and collect the cost, plus the surveyor's fee, from the delinquent owner as a legal debt. The surveyor's fee is capped at twenty-five dollars. No owner can be forced to build or repair from December through March, and railroad companies are exempt. The older 1842 line-fence act was repealed in 1992, but this 1905 statute still governs.

Violations & Penalties

Ignore a fence-viewer's order for forty days and your neighbor may build or repair the fence and recover the full cost from you, plus the surveyor's fee, collected as a legal debt.

Frequently Asked Questions

Can my neighbor make me pay for half the boundary fence?

Yes. If both lots are improved and occupied, 29 P.S. § 41 requires each owner to build and maintain an equal share, unless you both consent otherwise.

What if my neighbor won't fix their side?

Notify the county surveyor, who inspects as fence viewer. If the fence is insufficient, a magisterial district judge orders repair within 40 days, or you may fix it and bill the neighbor.

Are there exceptions to the law?

Yes. No owner can be compelled to build or repair between December and March, and the act does not apply to railroad companies.

Sources

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