Indiana Code
Ind. Code § 32-26-9-1 (2026)
Existing fences
✓ current as of May 2026
Sec. 1. A fence that is used by adjoining property owners as a partition fence, unless otherwise agreed upon by the property owners, is considered a partition fence and shall be repaired, maintained, and paid for as provided under this chapter.
[Pre-2002 Recodification Citation: 32-10-9-1.]
As added by P.L.2-2002, SEC.11.
Notes of Decisions
Cited in 2
cases, 2015–2016 · leading case: John Belork v. Robin Latimer, Davis Twp. Tr. & DMK&H Farms, Inc. (rehearing), 54 N.E.3d 388 (Ind. Ct. App. 2016).
John Belork v. Robin Latimer, Davis Twp. Tr. & DMK&H Farms, Inc. (rehearing), 54 N.E.3d 388 (Ind. Ct. App. 2016). “The court noted the statute does not refer to a fence that exists between adjoining property owners but to one that is used by the property owners, and asked Belork’s counsel what evidence he had that 3 Ind. Code § 32-26-9-1 provides: “A fence that is used by adjoining property…”
John Belork v. Robin Latimer, Davis Twp. Tr. & DMK&H Farms, Inc., 47 N.E.3d 1 (Ind. Ct. App. 2015). “The court asked why Ind.Code § 32-26-9-1 3 applies in this situation because DMK & H did no.”
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