Indiana Agriculture Fence Law

Indiana laws on agricultural fencing can be found in Indiana Code § 32-26-9-1, et seq. This post will discuss the requirements and cost allocation under Indiana statutes to build and maintain fences on agricultural land. This is an important issue in the Hoosier state, where agricultural land abounds and shared fences are common.

If you are building a fence or are in a maintenance dispute with an adjacent property owner about a shared fence, look to Indiana Code § 32-26-9-2 and 3 to determine how the cost of the fence is apportioned between the property owners. The costs to build a partition fence are divided amongst the owners based on the steps set out in Indiana Code § 32-26-9-2(b). Subsection (b)(1) states that if the partition fence is being built along a property line that runs north to south: “(A) the owner whose property lies to the east of the fence shall build the north half of the fence; and (B) the owner whose land lies to the west of the fence shall build the south half of the fence.” Subsection (b)(2) states that for a partition fence on a property line that runs east to west: “(A) the owner whose property lies north of the fence shall build the west half of the fence; and (B) the owner whose property lies to the south of the fence shall build the east half of the fence.”

Indiana Code § 32-26-9-3(a) states that a partition fence shall be maintained at the cost of the property owners proportionally. Subsection (b) specifies the process of determining cost when a property owner defaults on their obligation to build or maintain a shared partition fence. If a property owner fails to maintain or build their portion of the partition fence, the complaining property owner shall give the defaulting property owner 20 days’ notice to build or repair the defaulting property owner’s portion of the fence. After that, complaining property owner may notify the township trustee where the fence is located, which may ultimately result in the trustee construction or repairing the fence, with the costs of repair added to the defaulting property owner’s property taxes.

If you have any questions or want assistance with understanding Indiana fence law, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.