Home > West's Encyclopedia of American Law > Fences

Enclosures composed of any substance that will present an adequate blockade around a field, yard, or other such expanse of land for the purpose of prohibiting intrusions from outside.

A landowner is entitled to construct a fence along the boundaries of his or her property, but statutes may regulate the building and maintenance of fences. The laws of some states make provisions for the establishment of fence districts to erect and maintain fences. Fence districts are sometimes given the authority to levy taxes to absorb the costs of building and maintaining the fences.

Generally a landowner has the right to construct a partition fence on the border of the property adjoining his or her land. Owners of adjoining land may enter into agreements setting forth their rights and liabilities regarding the erection, maintenance, and repair of partition fences. State statutes sometimes govern landowners' obligations with respect to...