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IN SB0308
Bill
AI Summary
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Fences used by adjoining property owners are considered partition fences unless otherwise agreed, with repair, maintenance, and payment responsibility assigned to the person who builds or causes the fence to be built
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Eliminates the previous requirement that a person enclosing previously unenclosed property must pay 50% of the value of an existing neighboring fence to its owner
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Existing partition fence law continues to apply only to fences built and maintained as partition fences before January 1, 2019
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Adjoining property owners may still establish different fence arrangements through written agreements recorded with the county recorder
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Effective January 1, 2019 (retroactive), declared as an emergency measure
Legislative Description
Partition fences. Provides that a fence that is used by adjoining property owners as a fence is, unless otherwise agreed upon by the property owners, considered a partition fence and must be repaired, maintained, and paid for by the person who builds the fence or causes the fence to be built. Provides that the existing partition fence law applies to partition fences built and maintained before January 1, 2019. Repeals provisions of the fence law concerning: (1) required payment to the owner for an existing fence when previously unenclosed property becomes enclosed; and (2) application and construction of the partition fence law.
Last Action
First reading: referred to Committee on Agriculture
1/7/2019