Legal Question in Real Estate Law in Indiana

Fencing

I have a boundary fence that is between my neighbor and I. I paid for the fence, erected the fence, and plan to maintain the fence. During my property survey I strung a line and placed all of the fence posts on my side of the property line and gave my neighbor the finished (flat) side of the fence. Does my neighbor have any rights to my fence? He thinks he does because we share a property line. He wants to spray the fence with Round-Up to keep it clean and I prefer to have vegetation and ivy growing on it. Also, what is the penal code for fences in Indiana?

Thanks,

Frustrated Fence Man.


Asked on 5/08/07, 6:39 am

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: Fencing

The fence is entirely yours to do with as you please if it is entirely on your property. If it partially on your neighbor's property, he has the right to maintain it as he sees fit. I do not understand the penal code question. Fences are one of those things where it makes the most sense to reach agreement on its appearance with your neighbor. He has to look at one side of it, after all, and you do not; try to work this one out.

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Answered on 5/08/07, 10:12 am


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