Tennessee Statewide Rule
Tennessee Partition Fence Law Governs Shared Boundary Fences
Key Facts
- Statute
- T.C.A. § 44-8-201 et seq.
- Cost split
- Equal between neighbors
- Dispute process
- Three-freeholder panel
- Applies to
- Agricultural enclosures
Summary
Tennessee's partition fence statute requires adjoining landowners using land for crops or livestock to share fence costs equally. The law applies statewide and cannot be overridden by local ordinance.
Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, that person shall pay to the person erecting it that person's proportion of the expense.
Full Breakdown
Tennessee Code Annotated Title 44, Chapter 8 establishes partition fence rules. When adjoining landowners both enclose or use land for agriculture, they must equally share construction and maintenance costs of dividing fences. A landowner who builds first may demand contribution when the neighbor later encloses adjoining land. Disputes over fence condition or cost-sharing are resolved by three disinterested freeholders appointed by a justice of the peace or general sessions judge. Lawful fences must meet height and material standards specified in the statute.
Violations & Penalties
Refusal to contribute exposes neighbor to court-ordered cost recovery and damages.
Frequently Asked Questions
Must my neighbor pay half of a shared fence in Tennessee?
What if my neighbor refuses to contribute to fence costs?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.