Indiana Building Codes for Fences

Height Limitations

• According to Indiana Statute 32-26-10-1, if a fence exceeds 6 feet in height and is constructed maliciously to annoy a neighbor, the neighbor can sue for damages under the "spite" statute. The neighbor may sue for abatement of the nuisance or monetary damages caused by the nuisance and other remedies to prevent the nuisance. The city of Valparaiso allows fences to abut side yard and backyard property lines. The fences must be at least 3 feet high but no higher than 6 feet.

Live Fence Limitations

• According to Indiana Statute 32-26-5, a hedge or live fence must be trimmed to 5 feet high and 3 feet wide once each calendar year. The adjoining owner can file a written complaint with the township trustee if the other owner fails to trim the fence. The township trustee will examine the live fence within 5 days of receipt of the complaint, and issue a written notice to the owner to trim the fence within 30 days. If the owner does not comply, the trustee will arrange for trimming of the live fence and recover expenses by filing suit in the circuit or superior court of the county in which the property is located.

Existing Fences and Adjoining Fences

• Someone enclosing previously unenclosed property may not join his fence to an existing fence without approval from the existing fence owner. If the owner declines consent, each property owner must give property equal to 50 percent of the width of a lane, or a reasonable distance, to erect a second fence (Statute 32-26-2-17). If an owner adds on to an existing fence and encloses previously unenclosed property, the owner erecting the fence shall be liable for 50 percent of the value of the existing fence to the adjoining owner. If the person adding the fence refuses to pay, the adjoining owner may file for compensation in civil court (Statute 32-26-2-15).

Agricultural Land

• Indiana Statute 32-26-9-2 requires a fence between adjoining properties if at least one of the properties is classified as agricultural land. Agricultural land is defined as land zoned or designated for agriculture use, used for crops or livestock, or reserved for conservation use. Unless a recorded agreement exists, the landowner should determine the right one-half of the property line by standing on her property and facing the neighbor's property. She is then responsible for building the right one-half of the fence. Indiana Statute 32:26:3 supports special agreements other than the above. However, the adjoining property owners must record their written agreement in the county in which the property is located.