{"id":371724,"date":"2017-12-06T11:48:35","date_gmt":"2017-12-06T16:48:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/property-line-and-fence-laws-in-arkansas.html"},"modified":"2018-03-12T15:26:03","modified_gmt":"2018-03-12T20:26:03","slug":"property-line-and-fence-laws-in-arkansas","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/property-line-and-fence-laws-in-arkansas.html","title":{"rendered":"Property Line and Fence Laws in Arkansas"},"content":{"rendered":"\n
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Property Line and Fence Laws in Arkansas<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Owning property comes with significant legal rights and responsibilities. As a landowner, it’s important for you to understand the location of the boundaries of your property. It’s also likely that you’ll be called upon to address issues that may arise with your neighbor about fences and trees along the property line. Read on to learn more about fence and property line laws in Arkansas.<\/p>\r\n

Arkansas Laws About Property Lines and Fences<\/h2>\r\n

Neighbors who share a boundary line frequently have disagreements about fences bordering the properties. For this reason, Arkansas, like many other states, has chosen to enact laws that govern boundary fences. Arkansas law even addresses what tribunal responds to fence disputes, and appoints a panel of fence "viewers," who are actually homeowners in the particular area, assigned to resolve disputes and complaints related to fences.<\/p>\r\n

Some states have also passed laws regarding "spite fences," which are fences built with the malicious intent to annoy or harass a neighbor. In Arkansas, the law governing spite fences arose out of case law, rather than through the legislature. An older line of Arkansas cases held that a landowner has the right to build any sort of structure on their land, even if it causes annoyance to a neighbor and even if the purpose for building the structure is malicious. The more modern view<\/a> in Arkansas is that a neighbor can enjoin the building of a structure erected for the purpose of annoying them or decreasing the value of property.<\/p>\r\n

The following chart provides more information about Arkansas laws governing property lines, fences, and tree trimming.<\/p>\r\n\r\n

Statutes and Caselaw<\/b><\/p>\r\n<\/td>\r\n

Boundary Fences: Arkansas Code Sections 2-39-105<\/a> and 2-39-107<\/a><\/p>\r\n

Spite Fences: Jenkins v. Dale Betty Fogerty Joint Revocable Trust<\/i><\/a>, No. CA 11-276, decided November 30, 2011<\/p>\r\n

Tree Trimming: Gathings v. Johns<\/a><\/i>, 216 Ark. 668 (1950)<\/p>\r\n<\/td>\r\n<\/tr>

Boundary Fences<\/b><\/p>\r\n<\/td>\r\n

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  • A "division fence" that partitions adjoining parcels of land is to be equally borne and maintained by both landowners.<\/li>\r\n
  • If a person complains to a justice of the peace regarding a fence, the justice must order three "disinterested householders" in the neighborhood to view the fence, prepare a memorandum, and testify to the court on the issue.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Spite Fences<\/b><\/p>\r\n<\/td>\r\n

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  • An adjoining landowner can adjoin the erection of a structure built for the purpose of annoying him\/her and making the use of his\/her property less enjoyable.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Tree Trimming<\/b><\/p>\r\n<\/td>\r\n