Deed Dilemmas: What Kansas’s Property Laws Really Mean for Your Backyard Fence

Published On:
Deed Dilemmas: What Kansas's Property Laws Really Mean for Your Backyard Fence

Kansas property deeds define backyard boundaries precisely, but fence laws emphasize shared responsibility for partition fences along property lines. Disputes hinge on “sufficient” fences and formal resolution processes rather than unilateral actions.

Fence Ownership Rules

Fences on boundary lines are jointly owned by adjoining landowners, who must equally share building, maintenance, and repair costs for “sufficient” fences—defined as sturdy post-and-wire, hedge, or turf barriers capable of containing livestock. You can build entirely on the line (half on each property), but encroaching onto a neighbor’s land without permission risks removal orders; survey your deed first via county register. No contribution required if adjacent land remains unenclosed and unused in common.

Dispute Resolution

Neighbors unable to agree notify county commissioners, who appoint “fence viewers” (typically two commissioners) to inspect and assign equal shares in writing, recorded at the register of deeds—binding on current and future owners. Decisions are final/non-appealable if viewers are properly appointed; otherwise, appealable under K.S.A. 19-223. Non-compliant parties face costs, interest, and fees after subsequent viewings.

Key Requirements Table

ScenarioShared Duty? Viewer Role
Boundary FenceYes, equal cost for sufficient typeAssign shares, record binding order
One-Side EncroachmentNo, unless on line; survey neededResolve disputes, enforce removal
Unenclosed NeighborNo contribution owedN/A unless enclosing later
Livestock-ProofPosts ordinary size, wires tautInspect sufficiency

SOURCE

Leave a Comment