If You Own Rural Property, Who’s Responsible For Maintenance of a Fence Separating Your Property From The Adjacent One?

By Nate DeBaun

Under Chapter 90 of the Wisconsin Statutes, unless you and your neighbor agree otherwise, the answer is both you and the owner of the adjacent property are responsible for maintenance of a fence along your shared property line. While there has been plenty of talk over the years about modifying the Wisconsin Fence Law to make the owner of grazing animals responsible for fence maintenance when the neighboring property owner has no such animals, the state legislature has not enacted any such changes to Chapter 90. Property owners can always contract around the default rules of the Wisconsin Statutes. However, joint responsibility for maintenance of fences is the general rule, even where one property owner owns grazing animals and the other property owner does not.

While Section 90.07 of the statutes offers a mechanism for determining what portions of a fence neighbors are responsible for maintaining, this mechanism can often be more confusing than helpful. Section 90.07(3) indicates that as a default mechanism, when one faces a farm, “going around the farm to the right, the first one-half of the line fence belongs to the farm faced.” In other words, one would trace the fence-line starting on the right-hand side when looking directly at the farm. The owner of that farm would be responsible for the first half of the fence-line from that point forward. Neighbors who are unsure of their respective responsibilities can contact a township supervisor for an opinion of how maintenance should be divided.

Some neighbors end up entering into agreements on fence maintenance when their arrangement is other than the default 50-50 split under the law. These agreements are then recorded with the county recorder’s office, and are also filed with the town clerk. For a landowner who is unsure of whether an arrangement other than 50-50 responsibility exits, the recorder’s office or the town clerk can be a good place to start. This is particularly true if the owner of the neighboring land only uses his or her property during certain times of the year, or for recreation, and is otherwise difficult to reach. Checking for such arrangements is also important for anyone looking to purchase a parcel of rural property.

Please note that this article does not apply to fences in residential areas, or within city or village limits. Most municipalities have their own local ordinances dealing with maintenance and repair of fences. These rules should be consulted when determining responsibilities for a fence that falls under rules and regulations in addition to the general requirements of Chapter 90 of the Wisconsin Statutes.

Published: 04/2010