Fences can serve as a boundary between adjacent property owners. Iowa has laws governing fencing matters. Issues with partition fences have been the cause of many disputes between Iowa landowners. For more information concerning fence disputes and viewing, reference Iowa Code Section 359A or contact your Township Officials.

DIVISION OF FENCE RESPONSIBILITY 

1. Iowa fence law acknowledges that each adjacent land owner can compel the other to build and maintain part of the line fence or contribute toward its construction and maintenance. Iowa law does not, however, specify the amount of fence each owner is to build or maintain or the particular part of the fence for which each is to have responsibility. It is generally assumed that each is to be responsible for one-half although nothing would seem to preclude one from maintaining the entire fence. In some instances, because of a difficulty in maintaining a water gap, for example, the most equitable solution might be for each to maintain unequal lengths of fence to compensate for the extra cost of keeping up the shorter segment that spans the watercourse.
2. “Right hand” rule: Informally, the owners agree to accept their respective responsibility for erection or maintenance of a partition the fence. Each landowner faces one another at the mid-point of the fence and agree to maintain their share of the fence to their respective right hand sides.
3. Written fence agreement: The adjacent landowners may, if arrangement can be agreed upon, enter into a written fence agreement that describes the property involved and the fence responsibility assigned to each tract. Such agreements may be recorded in the office of the county recorder where the property is located. Once recorded, the agreement binds both present and successive owners of the property involved.
4. All fence disputes may be resolved by the township trustees acting as fence viewers.

LOCATING PARTITION FENCES 

1. Township trustees do not have the power to determine the location of a partition fence. The location of a partition fence is a function of the district court in the county under Chapter 650 of the Code of Iowa. The following guidelines are presented only for information and should not be used to determine the location of partition fences.
2. A partition fence is to be located on the property line. If not, the erroneous boundary may become the true boundary after 10 years of acquiescence. That is why boundaries believed to be in error should be surveyed and, if not correctly located, an objection filed before 10 years have elapsed. A partition fence may be built on the property line so that the fence is partly on one tract and partly on the other.
3. Two options exist to the general rule that a partition fence is to be built on the property line: (1) if the adjoining landowners have a written agreement. (2) Adjacent owners can request an order from the fence viewers (township trustees) allocating responsibility between the parties.
4. Partition fences and livestock owners. Iowa law requires a farmer to fence and control his/her own livestock. However, the law does recognize that if an animal escapes because of negligent fence maintenance by adjacent landowners, the neighboring landowner cannot recover damages to his/her property that was caused by the trespassing animal.

All procedures and decisions of the fence viewers must be in writing and should be filed with the appropriate county offices.

STEPS TO RESOLVE FENCE DISPUTES

1. Complaining party makes a written request to landowner.
2. Complaining party makes a written request to the township trustees.
3. Fence viewers give five days’ written notice to all adjoining landowners liable for erection or maintenance of partition fence of the time and place of hearing (suggest using registered mail to serve this notice).
4. Fence viewers meet and make decision, setting a time for work to be completed and issue written order.
5. Work is done by landowners.
6. If work is not done within thirty days from and after the time established by the fence viewers:
   • Complaining party must deposit money with fence viewers sufficient to pay for the work to be completed together with the fees of the fence viewers and costs.
   • The board of township trustees proceeds to have work done.
   • If owner with the duty to pay fails to do so within ten days:
     • Fence viewers shall certify to the county treasurer the full amount due (including fence viewers’ fee). 
     • The amount is collected by the County Treasurer.
     • Complaining landowner is repaid.

7. Fence viewers’ decisions may be appealed to the District Court within 20 days of the decision.