Vermont Statewide Rule
Vermont Division Fence Law: Neighbors Split the Line (24 V.S.A. § 3802)
Key Facts
- Governing law
- 24 V.S.A. § 3802
- Cost split
- Equal portions each owner
- Sufficient fence
- 4.5 feet, blocks sheep
- Disputes decided by
- Town fence viewers
- Appeal
- Superior Court
Summary
Adjoining Vermont landowners must build and maintain equal portions of the division fence between occupied parcels under 24 V.S.A. § 3802. A "sufficient" fence stands 4.5 feet high (§ 3801), and elected town fence viewers settle boundary-fence disputes.
Owners or occupants of adjoining lands, where the lands of both parties are occupied, shall make and maintain equal portions of the division fence between their respective lands.
Full Breakdown
Vermont splits division-fence duty down the middle. When both adjoining parcels are occupied, each owner shall make and maintain an equal portion of the boundary fence (24 V.S.A. § 3802). A "sufficient" fence stands four and one-half feet high, in good repair, built to prevent the escape of sheep (§ 3801). When neighbors can't agree on who maintains which half, either party calls the town's elected fence viewers, who examine the line and make the division (§§ 3806, 3810). A fence viewer who neglects that duty forfeits $5.00 to the aggrieved party. The division is recorded with the town clerk and may be appealed to Superior Court.
Violations & Penalties
Refuse your half and the fence viewers will assign it; a neighbor who builds or repairs your share may recover the expense from you in a civil action under § 3816, plus recording costs.
Frequently Asked Questions
Who pays for a fence between two Vermont neighbors?
How tall must a Vermont division fence be?
What if my neighbor won't maintain their half?
Sources
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