§ 32-26-5-2 — Complaint; written notice

Indiana § 32-26-5-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 26: FENCES
• Ch. 5: Cutting Live Fences Between Adjoining Lands

Text

(a) Upon receiving a complaint in writing
signed by an owner of land adjoining a hedge or fence to which this
chapter applies alleging that the owner of the fence has neglected to cut
and trim the hedge or fence, the township trustee shall examine, within
five (5) days after receiving the complaint, the hedge or other live
fence.
(b) If the hedge or other live fence that is the subject of the
complaint under subsection (a) has not been cut and trimmed, the
township trustee shall give the owner of the hedge or other live fence
written notice to cut and trim the hedge or other live fence and to
remove the brush to the owner's property within thirty (30) days after
receiving the notice.
(c) The notice required under subsection (b) must be served by
reading the notice to the owner or by leaving a copy of the notice at the
owner's usual place of residence. If the owner of properties divided by
the hedge or other live fence is not a resident of the township where the
hedge or other live fence is located, the notice shall be served by
mailing a copy of the notice to the owner directed to the owner's last
known post office address.
(d) If the owner or the owner's agents or tenants do not cut and trim
the fences and remove the brush, the trustee shall, immediately after
the expiration of thirty (30) days, cause the hedge or other live fence to
be cut and trimmed and the brush removed to the owner's property.
(e) The trustee shall recover all expenses incurred under subsection
(d) by bringing a suit against the owner of the property on which the
hedge or live fence is situated before the circuit court or the superior
court of the county in which the hedge or other live fence is situated.
[Pre-2002 Recodification Citation: 32-10-5-2.]

Legislative History

As added by P.L.2-2002, SEC.11. Amended by P.L.201-2011, SEC.12; P.L.45-2016, SEC.3.