Utah Partition Fence Rule for Adjoining Landowners (§4-26-103)

Section 4-26-103 governs partition fences between adjoining private landowners whose land is used for grazing livestock or big-game habitat and qualifies as a conservation easement or agricultural-use land. The building landowner may require the neighbor to pay one-half the cost when the fence is a reasonable, locally common type costing no more than posts, wire, and connectors. If the neighbor refuses, the landowner brings a civil action for half the cost of that portion. Maintenance cost splits by the amount of land each party encloses, and a neighbor who neglects their share owes damages. Utah has no equivalent statewide partition-fence duty for ordinary residential lots.

A refusing neighbor faces a civil action for one-half the fence cost. A landowner who fails to maintain their assigned portion is liable for any damage the other party sustains as a result.