Lands outside or abutting municipal boundary
Sec. 2. (a) The owner of a property that:
(1) is located outside;
(2) abuts; or
(3) is adjacent to;
the boundary of the corporate limits of a town or city shall separate
the owner's property from adjoining properties by a partition fence
constructed upon the line dividing or separating the properties
regardless of when the properties were divided.
(b) Except as otherwise provided in this chapter, and if a division
of the partition fence has not been made between the property owners
for the building, repairing, or rebuilding of the partition fence:
(1) for a partition fence built along a property line than runs
from 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; and
(2) for a partition fence built along a property line that runs
from 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.
(c) Notwithstanding subsection (b), if either property owner has
constructed one-half (1/2) of a partition fence that is not the portion
required under subsection (b) and has maintained that portion of the
partition fence for a period of not less than five (5) years, the
property owner may continue to maintain the portion of the fence.
(d) If a property owner fails to build, rebuild, or repair a partition
fence after receiving notice under this chapter, the township trustee
of the township in which the property is located shall build, rebuild,
or repair the fence as provided under this chapter.
As added by P.L.2-2002, SEC.11.
Last modified: May 24, 2006