If the statutory process for resolving fence disputes is invoked, a four (4) step process is involved:

 

Step 1 - the complaining landowner must make a written request to the other landowner for the erection of a fence.

 

​​​Step 2 - if Step 1 does not resolve the matter, the complaining landowner must make a formal request to the Township Trustees to resolve the dispute.

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​Step 3 - the Township Trustees must give five (5) days written notice to all adjoining landowners that are liable for the erection or maintenance of the partition fence concerning time and place of the hearing.

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If both parties have agreed to submit the fence viewing to the Township Trustees, they may sign a waiver of notice.

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Step 4 - the fence viewers meet and issue a written order that allocates responsibility for maintenance or erection of the partition fence.

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The fence viewers are to divide responsibility for building and maintaining a partition fence equally between the parties regardless of which party gains primary benefit from the fence construction. As mentioned above, the decision of the fence viewers is binding. However, a landowner can appeal to the local district court by filing a notice of appeal within 20 days after the fence viewers render their decision, and by filing an appeal bond. Generally, the court sets the amount of the appeal bond at the Trustees' estimated cost of fence repair.

 

Absent an appeal, landowners must construct or maintain their assigned portion of fence as decided by the fence viewers. If a party fails to comply with the decision of the fence viewers within 30 days, the disaffected landowner can request that the fence viewers build or maintain the fence, and the Township Trustees may direct that the actions ordered be performed by a third party or parties, and send a written notice to the defaulting landowner concerning the costs and/or expenses that will be assessed.  But, the party requesting the fence viewers to do so must pay a deposit to cover the fence building expense, which will be reimbursed upon collection from the defaulting landowner. When the fence work is completed, the landowner in default will have ten (10) days to make the required payments. If payment is not made, the Township Trustees will file a certification of costs to the County Treasurer, and the amount will be assessed as property taxes on the disputed property.

 

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