Code of Alabama
Ala. Code § 35-7-3 (2026)
Expenses to Be Borne Proportionately by Adjoining Owners.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants; or if any person makes a fence a partition fence by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used.
(Code 1852, §1105; Code 1867, §1288; Code 1876, §1592; Code 1886, §1370; Code 1896, §2118; Code 1907, §4247; Code 1923, §7977; Code 1940, T. 47, §252.)
Notes of Decisions
Cited in 2
cases, 2007–2007 · leading case: First Beat Ent., L.L.C. v. ECC, L.L.C., 962 So. 2d 266 (Ala. Civ. App. 2007).
First Beat Ent., L.L.C. v. ECC, L.L.C., 962 So. 2d 266 (Ala. Civ. App. 2007). “In its counterclaim, First Beat alleged that ECC was liable for damages for trespass and was liable for half of the cost of the fence pursuant to § 35-7-3, Ala. Code 1975. 1 When it first filed its lawsuit, ECC did not contend that the fence was on its property.”
First Beat Ent., LLC v. Ecc, LLC, 962 So. 2d 266 (Ala. Civ. App. 2007). “In its counterclaim, First Beat alleged that ECC was liable for damages for trespass and was liable for half of the cost of the fence pursuant to § 35-7-3, Ala. Code 1975. [1] When it first filed its lawsuit, ECC did not contend that the fence was on its property.”
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