§ 32-26-9-2 — Lands outside or abutting municipal boundary

(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.
[Pre-2002 Recodification Citation: 32-10-9-2.]

Legislative History

As added by P.L.2-2002, SEC.11.