HB 1257 Summary

• Establishes that a fence used by adjoining property owners as a partition fence is considered a partition fence and must be repaired, maintained, and paid for by the person who builds or causes the fence to be built.

• Allows adjoining property owners to enter into written agreements, recorded with the county recorder, to erect, repair, maintain, or pay for fences in a manner other than the default partition fence requirements.

• Repeals the requirement that a person who encloses previously unenclosed property must pay the existing fence owner 50% of the fence's value.

• Repeals the civil action provision allowing fence owners to recover payment when someone refuses to pay for an existing fence that becomes a partition fence.

• Limits the application of existing partition fence law (Chapter 9) to fences that were built and maintained as partition fences before May 14, 2013, and repeals provisions regarding liberal construction of the partition fence law.