The Fence On The Line
Wis. Stat. 90.03 — partition fences in equal shares where the land is farmed or grazed
In Wisconsin, where adjoining land is used for farming or grazing, the occupants or owners keep partition fences between them in equal shares, in good repair throughout the year, for as long as either continues to occupy the land that way. They may agree to use markers instead of fences.
Recording the split. A partition of the fence, made in writing by the owners and witnessed by 2 witnesses, or made by fence viewers, binds the owners and their successors once recorded in the town clerk's office.
No farming, no duty. An owner is not obligated to build or maintain any part of a partition fence while none of the adjoining lands is occupied for farming or grazing.
Where the line actually runs is a boundary question this page does not answer. Whether a particular fence must be shared, and what either neighbor can recover, are questions for a licensed Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 90.03 — Partition fences; when required
- Wis. Stat. 90.05 — How partition made
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.