Summer 2003 Volume 12, Number 2
NEW FENCE LAW PROVISION
By Dr. Gerald A. Harrison
Governor O'Bannon recently signed into law a provision now at IC 32269 in the
Indiana Code which essentially provides that the duty to build, repair, rebuild,
and maintain partition fences does not apply to a fence separating two adjoining
parcels of property unless at least one of the adjoining parcels is agricultural
land. This new law was effective July 1, 2003. This low means that there is no
duty for a property owner whose land abuts nonagricultural land, e.g., a
residence that abuts a golf course. The new law relieves the township trustee
from getting involved in fence building disputes when agricultural land is not
involved. For the purposes of this new law 'agricultural land' means land that
is:
(1) zoned or otherwise designated as agricultural land; (2) used for growing
crops or raising livestock; or(3) reserved for conservation.
While the basic law of line or partition
fences, outside city limits remains the same as in the past, when agricultural
land is involved, is location in the Indiana Code did change on July 1, 2002 to
IC 32269,
If you have questions contact Gerry Harrison (harrison@Purdue.edu) or call
1-888-ext-info and ask for Gerry Harrison.