{"id":374752,"date":"2017-12-08T18:38:04","date_gmt":"2017-12-08T23:38:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/property-line-and-fence-laws-in-nebraska.html"},"modified":"2018-01-23T15:58:10","modified_gmt":"2018-01-23T20:58:10","slug":"property-line-and-fence-laws-in-nebraska","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/property-line-and-fence-laws-in-nebraska.html","title":{"rendered":"Property Line and Fence Laws in Nebraska"},"content":{"rendered":"\n
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Property Line and Fence Laws in Nebraska<\/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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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The reason for building a fence is twofold: to keep people in and to keep people out. Security and privacy issues are indeed the main reasons for the prominence of fences throughout the nation’s neighborhoods. With the popularity of fences, it follows that there would be numerous disputes<\/a> about them. Neighbors try their best to reach compromise in resolving their conflicts, but it is not always easy to achieve. When you simply cannot agree, it is good to know your rights and responsibilities under Nebraska’s property line and fence laws.<\/p>\n

Property Line and Fence Laws in Nebraska<\/h2>\n

An initial issue that may be addressed before dealing with specific fence law disputes is the exact location of the property line. If this is in doubt, it is helpful to conduct a survey<\/a> to establish where your property ends.<\/p>\n

Another issue that occurs between neighbors in fence disputes is whether both parties are equally responsible for the costs of the maintenance and repair of a fence located on the property line between the adjoining properties. In Nebraska, adjoining owners must have a "just proportion," or an equal allocation of the funds necessary to construct and maintain the fence.<\/p>\n

Property Lines and Tree Laws in Nebraska<\/h2>\n

Another subject matter that involves neighbors is disputes centered on trees<\/a>. Nebraska law states that adjoining owners must keep the division fence in good repair and that includes removing or trimming trees when they interfere with the condition of the fence. If your neighbors do not comply with this law, you can sue them for private nuisance<\/a>.<\/p>\n

Nebraska Property Line and Fence Laws at a Glance<\/h2>\n

The chart below provides a summary of state laws related to Nebraska property line and fence laws, including links to important code sections.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Division Fences:<\/b> Just Proportion<\/p>\n<\/td>\n

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  • Adjoining owners: must be a just proportion of the division fence between them<\/li>\n
  • "Just proportion" – an equitable allocation of the portion of the fence line to be physically constructed and maintained by each owner or an equitable contribution to the costs to construct and maintain the division fence.<\/li>\n
  • Fence should be a wire fence unless owners agree otherwise.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Division Fences<\/b> Maintenance; Private Nuisance<\/p>\n<\/td>\n

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  • Adjoining owners must contribute to the construction and maintenance of the division fence and must keep it in good repair.<\/li>\n
  • Good repair includes: the necessary removal or trimming of trees encroaching upon the fence line to repair or avoid damage to, or dislocation of the fence.<\/li>\n
  • Trees that are within or encroach onto the division fence that causes damage or dislocation of the fence is a private nuisance to the adjacent owner.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Tree Damage<\/b><\/p>\n<\/td>\n