Illinois Compiled Statutes
765 ILCS 130/11 (2026)
If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving 60 days' notice, in writing, that a fence should be erected, or 10 days' notice, in writing, that the reparation of a fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him, with costs of suit, in the circuit court; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue
✓ current as of May 2026
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(765 ILCS 130/11)
(from Ch. 54, par. 11)
Sec. 11.
If any person who is liable to contribute to the erection or
reparation of a division fence shall neglect or refuse to make or repair
his proportion of such fence, the party injured, after giving 60 days'
notice, in writing, that a fence should be erected, or 10 days' notice, in
writing, that the reparation of a fence is necessary, may make or repair
the same at the expense of the party so neglecting or refusing, to be
recovered from him, with costs of suit, in the circuit court; and the party
so neglecting or refusing, after notice in
writing, shall be liable to the party injured for all damages which shall
thereby accrue.
(Source: P.A. 79-1362.)
Notes of Decisions
Cited in 1
case, 2019–2019 · leading case: Raab v. Frank, 2019 IL 124641 (Ill. 2019).
Raab v. Frank, 2019 IL 124641 (Ill. 2019). “See 765 ILCS 130/11 (West 2010) (a party must 1 The record does not reveal how the Grossens became aware of the fence agreement.”
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