Washington Statewide Rule
Washington Partition Fence Cost Sharing Statute
Key Facts
- Statute
- RCW 16.60.020
- Cost sharing
- Equitable, typically half
- Remedy
- Civil action for recovery
- Applies to
- Livestock partition fences
Summary
Washington's partition fence law requires adjoining landowners using a boundary fence for livestock to share construction and maintenance costs equitably under RCW 16.60.
Partition fence — Reimbursement. When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclosing] his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them: PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his or her land fenced with hog fencing and uses the partition fence to make a hog enclosure of his or her land, then he or she shall pay to the one who owns said hog fence one-half of the value thereof. [ 2011 c 336 s 426 ; 1907 c 13 s 1 ; Code 1881 s 2491; 1873 p 448 s 4 ; 1871 p 65 s 4 ; 1869 p 324 s 4 ; RRS s 5444.] Notes: Hog fencing: RCW 16.60.050 .
Full Breakdown
RCW 16.60.020 through 16.60.055 establish that when two adjoining landowners use a partition fence to enclose livestock, both must contribute proportionally to the cost of maintenance. If one party refuses, the other may build the fence and recover the equitable share through small-claims court. The statute is statewide and supplements common law on boundary fences and trespass.
Violations & Penalties
Recovery action under RCW 16.60.030 allows the building neighbor to sue for half the cost plus interest if the other refuses to contribute.
Frequently Asked Questions
Does this law apply to ornamental fences between yards?
What if neighbors disagree on fence quality?
Sources
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