Legal Question in Real Estate Law in Indiana

Re: Rural Fence Lines

For a rural fence, the abutting owners each pay one half the cost of the construction, upkeep or repair, regardless that one of the abutting owners actually paid the cost of construction of the fence. The party doing the construction, upkeep or repair does not have to ask for reimbursement from the other, but has the right to. Each has a duty or obligation to make the repairs or do the upkeep. The fence statute specifies which half each of you owns (one would have the east half or the west half and likewise the same applies to fences between properties on other sides of your property). Since everyone recognizes the current fence as the property division line, it would be prudent to speak to the new owner to agree that you would be responsible for upkeep or repair of the east half or the west half and he would be for the other side and that if the fence needs to be replaced, you will each pay 1/2 and/or do 1/2 the work. Since you are in a rural area, unless the owner is new to the country, he will be somewhat experienced in the keeping of fences and expect that each of you owns 1/2 and has duties with respect to the fence. If he objects to this or questions it, one or both of you ought to consult a local attorney and have him read you the relevant portions of the fence law. This is found in Title 32 of the Indiana Code.