In a town lot in Illinois, the safe assumption is that the person who wants the fence pays for it unless the neighbor agrees to share. The Illinois Fence Act (765 ILCS 130) does speak of adjoining owners sharing a division fence, but its rule on paying to build one is written for land outside city and village limits.
This page is general information, not legal advice. For a dispute, talk to your city or village or to a lawyer.
Does my neighbor have to pay for half of a new fence?
Inside Springfield or any other municipality, do not count on it. Section 4 of the Fence Act makes an adjoining owner build or pay for a just proportion of a new division fence, but only for land in a county under 1,000,000 people that is not within the corporate limits of a municipality. Section 3 says adjoining owners shall each make and maintain a just proportion of the division fence between them. How that applies to two back yards in town is a question for a lawyer. In practice, city neighbors share a fence by agreement, so you rarely have to pay for half of a fence you did not agree to. On rural land outside town limits the Act can require a neighbor to pay for half or another fair share.
What is a fence viewer in Illinois?
Fence viewers are local officials named in the Fence Act. When owners covered by the Act cannot agree on the value of a division fence or each one's share, the viewers examine the property, hear both sides and decide. They do not settle where the boundary is. A surveyor does that, and a court if it comes to it.
Who owns the fence between two properties?
The owner of the land under it. A fence built on the line by agreement of both owners should be treated as joint, with decisions made together. If nobody knows, a survey will show which lot the posts stand on.
Can my neighbor put up a fence without asking me?
Yes, if it is on their own lot and meets the local rules. In Springfield that means no more than 6 feet, and no more than 4 feet and half open in a front yard. They do not need your signature. They may not build on your land.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor first. The fence can be moved to the true line, or the two owners can sign a written agreement to leave it. Long-standing fence lines can carry legal weight, so see a real estate lawyer before either of you acts. We can remove a fence and rebuild it on the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
The contractor, if they picked the line or went beyond the stakes. Put the request in writing and ask for it to be moved at no charge. If you showed them where to build, the claim is weaker. A good quote states where the fence goes and who located the line.
My neighbor and I agreed to split a new fence. How does the billing work?
Write the agreement down before work begins: the route, the material, the height, the total price and each share. We can list the shared run separately on the estimate and show what each owner pays.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence wholly on your own lot that meets the city rules does not need the other owner's consent. Have the line staked first so there is no argument afterward.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If the fence is on your land, it is yours to remove and rebuild. If it is on the line, or ownership is unclear, give the neighbor written notice first and keep a copy. The Fence Act has its own notice steps for division fences it covers, so ask a lawyer if the neighbor objects.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist for the tree and a fence company for the fence. Large roots should not be cut until an arborist has looked, since cutting can destabilize or kill a mature tree. We can often set posts either side of a root and bridge it.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts and a bottom rail or tension wire. A fence is still not built to hold back a load. Ask the owner in writing to move the material, and contact the city if it continues.
A real price needs a look at the yard. The on-site estimate is free. Call (217) 262-9381 or text us a photo of the fence line.