If a fence dividing two properties is damaged, must both land owners pay for the repairs? In the past, when farms were more prevalent, the Fence Law was enacted to require the erection and maintenance of division fences. The purpose for the Fence Law was to protect property from trespassing livestock. Under the law, the adjoining landowners were required to share the cost of repairs. Since this is hardly applicable to your standard suburban neighborhood, are there any other circumstances under which neighbors would be jointly responsible for repairs to a fence?
A partition fence is one example. Under statute, when one person encloses his property adjacent to another’s land which is already fenced in, then the fence which is common to the two properties becomes the partition fence. Once a partition fence is constructed on the common boundary of adjoining land, it becomes the common property of the owners, and constitutes a dedication of the materials composing it to the realty. Neither party may remove a partition fence without the consent of the other. In fact, removal of the fence would constitute a trespass.
— Denise Ciampitti