Who is responsible for maintenance of a fence along property lines?

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Who is responsible for maintenance of a fence along property lines?

The property adjacent to mine is rental property and the owners (wire and post) fence along the property line is in disrepair. Is he responsible for maintenance of the fence? The owner has also recently rented to people with small children and I have two dogs, while not prone to biting, the situation causes me concern. I have offered to split the cost of materials with him and perform the labor for a privacy fence but he declined.

Asked on May 19, 2012 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Believe it or not Illinois has a fence statute (most states have ordinances regulating such things). It is 765 Ill. Comp. Stat. §§ 130/3, 4.  Logically if he put it up he should maintain it.  But it could be considered both of yours.  If it is in disrepair you have the right to have it inspected and it can be declared insufficient and ordered repaired or rebuilt.  You may want to consider putting one up on your proerty directly in front of the other fence.  Just make sure local ordinances are complied with.  Good luck. 


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