Wisconsin Statewide Rule
Wisconsin Partition Fence Law for Neighbors
Key Facts
- Statute
- Wis. Stat. ch. 90
- Legal fence
- Defined in Wis. Stat. 90.02
- Cost split
- Generally equal between owners
- Disputes
- Town fence viewers
- Applies to
- Farming/grazing land
Summary
Wisconsin Chapter 90 governs partition (line) fences between adjoining owners of farming or grazing land. Adjoining owners generally share the cost equally, and town fence viewers resolve disputes and assign responsibility. The law applies mainly to agricultural, not urban, parcels.
90.03 90.03 Partition fences; when required. The respective occupants of adjoining lands used and occupied for farming or grazing purposes, and the respective owners of adjoining lands when the lands of one of such owners is used and occupied for farming or grazing purposes, shall keep and maintain partition fences between their own and the adjoining premises in equal shares so long as either party continues to so occupy the lands, except that the occupants of the lands may agree to the use of markers instead of fences, and such fences shall be kept in good repair throughout the year unless the occupants of the lands on both sides otherwise mutually agree. 90.03 History
Full Breakdown
Wis. Stat. ch. 90 imposes joint responsibility on adjoining owners of land used for farming or grazing to build and maintain partition fences, with each owner generally responsible for half. Wis. Stat. 90.02 describes what qualifies as a legal fence, and 90.03 sets when partition fences are required. Town fence viewers divide responsibility under 90.07 and resolve disputes, filing binding decisions with the town clerk. If an owner neglects a partition fence after notice, the neighbor may repair it and recover the value from the defaulting owner, and unpaid fence-viewer fees may be recovered at double under 90.11.
Violations & Penalties
If an owner fails to maintain a partition fence after notice, the aggrieved neighbor may repair it and recover the cost through the fence-viewer process, with unpaid fence-viewer fees recoverable at double under Wis. Stat. 90.11.
Frequently Asked Questions
Must Wisconsin neighbors share fence costs?
Who resolves fence disputes in Wisconsin?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.