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Farmington IL | Illinois fence law is unchanged. There is case law that has exempted landowners from responsibility. That would not happen in most cases. The last case in our township a man spent multiple times what it would have cost him to have payed for a fence he didn't need than to fight the farmer in court and still be told he had to pay. It is fairly easy to get a lien placed against a property to re coup your cost of building their fence.
If I was building a fence against a widow ladies tillable farm land I would just do, pay for the entire thing and go on. Where I get upset is when a person or persons that call them selves outdoorsmen come to the country, spend huge money for pasture land, build roads and lakes, drive around in atv and SUVs and plead poverty when asked about fence building. The fence is a important property marker in many of these situations and they absolutely don't want anyone trespassing on their little piece of heaven. I would make that guy pay for fence and not have a second thought.
Bottom line is the law is clear. The township fence viewers are bound to operate within the fence law. For most situations the cost of a landowner fighting you in court is cost prohibitive. You can probably force your neighbor if you really want to. | |
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Fence law
