Why Did My Neighbor Send Me a Bill for His Fence?

By popular request–OK, by one person’s request–I’m going to write about how Wisconsin’s fence law can create unfriendly neighbors. As attorneys in a rural town, it’s an issue that rolls into our office every so often.

The fence law, currently found in Chapter 90 of our state statutes, says that a fence is required if the property on either side is used for farming or grazing unless the neighbors agree that one isn’t needed. So the person doing the farming or grazing pays for it, right? Not so fast my friend!

The law, which dates back to when Wisconsin was part of the Michigan Territory, states that the neighbors must split the cost to build and maintain any fence. As you might imagine, this can create quite a conflict between a farmer and his new subdivision neighbors when the farmer throws up a fence and sends half the bill to these suburbanites.

Those suburbanites often call our office to complain because surely this isn’t fair. But, despite some clamoring that the law should be repealed because it’s no longer practical, it’s still on the books and we have to give them the bad news (but at least get to congratulate them on their new half a fence!).

4 replies
  1. Lanora
    Lanora says:

    How close can a cattle fence be to Your
    neighbors home?

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Lanora.

      That is a really a tough question to tackle on the internet.

      The rules for fences and the distances they need to be from structures and/ or property lines is normally a matter of local authority. Local ordinances normally control this. You should contact your local municipality and ask your local ordinance enforcement officer (sometimes called something else) what those rules are.

      As this article points out … some jurisdictions do also have statewide statues out there that can impact farmer’s fences. Your local ordinance enforcement officer should be aware of both the ordinances and the applicable statutes. He or she should be able to get you your answer.

      So …. unfortunately, my answer to you is that I do not know. However, hopefully, you can find someone nearby that does know your answer.

      Good Luck.

      – Walter.

      Reply
  2. Bethann Swisher
    Bethann Swisher says:

    Do you have any information about if anyone has tried to have this law repealed or any direction you can point me in to try to have it repealed? Also, the law states each owner is responsible for maintenance of their respective portion of fence. However am i correct in saying if livestock damage portions of fence that belong to the non-livestock owning neighbor, they should not be responsible for repair. Thanks!

    Reply
    • Walter Shannon
      Walter Shannon says:

      Hi Bethann. Not aware of anyone trying to repeal this law. Yes… I believe you are correct. If one can prove that the neighbor’s livestock damaged the fence, the neighbor with the livestock has to cover the repair.

      Reply

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