Wisconsin Statutes
Wis. Stat. § 90.10 (2026)
Compulsory repair of fence
✓ current as of July 2026
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90.1090.10 Compulsory repair of fence. If any person neglects to repair or rebuild any partition fence that by law that person is required to maintain, the aggrieved party may complain to 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall examine the fence. If the fence viewers determine that the fence is insufficient, they shall inform the delinquent party of the insufficiency and direct the delinquent party to repair or rebuild the fence within a time that the fence viewers determine is reasonable. If the fence is not repaired or rebuilt within the time fixed by the fence viewers, the complainant may repair or rebuild the fence and recover the expense of repairing or rebuilding the fence as provided under s. 90.11.
90.10 AnnotationThis chapter’s plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of ss. 90.10 to 90.12. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2003–2024 · leading case: Stuart White v. City of Watertown, 922 N.W.2d 61 (Wis. 2019).
Stuart White v. City of Watertown, 922 N.W.2d 61 (Wis. 2019). “We will refer to these provisions as the "Enforcement Procedures," which include Wis. Stat. §§ 90.10 - 90.12. The Whites have asked the City, on more than one occasion, to engage Chapter 90's Enforcement Procedures to determine *324 and allocate the cost of constructing and…”
Tomaszewski v. Giera, 2003 WI App 65 (Wis. Ct. App. 2003). “David Giera appeals a judgment ordering him to pay Robert Tomaszewski $1,998 for his share of a fence Tomaszewski built on the border of their adjacent lands pursuant to Wis. Stat. § 90.10 . Tomaszewski sued Giera to recover his cost of building Giera's portion of the fence…”
White v. City of Watertown, 2017 WI App 78 (Wis. Ct. App. 2017). “" • Wis. Stat. § 90.10 : "[T]he aggrieved party may complain to 2 or more fence viewers of the town .”
White v. Schwans Consum. Brands Inc (E.D. Wis. 2024). “Code ATCP § 90.10 , which regulates food labeling. The Wisconsin Court of Appeals resolved this ambiguity by deeming every ATCP regulation as being issued under Section 100.”
Stuart White v. City of Watertown (Wis. 2019). “" Wis. Stat. § 90.10 (emphasis added). The second circumstance arises when a landowner shoulders the burden of building, repairing, or rebuilding a partition fence for which an adjoining landowner is actually responsible.”
— Wis. Stat. § 90.10(1) — 1 case
White v. Schwans Consum. Brands Inc (E.D. Wis. 2024). “Code ATCP § 90.10 , which regulates food labeling. The Wisconsin Court of Appeals resolved this ambiguity by deeming every ATCP regulation as being issued under Section 100.”
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