Property Line and Fence Laws in Nebraska

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 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.

Property Line and Fence Laws in Nebraska

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 to establish where your property ends.

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.

Property Lines and Tree Laws in Nebraska

Another subject matter that involves neighbors is disputes centered on trees. 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.

Nebraska Property Line and Fence Laws at a Glance

The chart below provides a summary of state laws related to Nebraska property line and fence laws, including links to important code sections.

Statutes

Division Fences: Just Proportion

  • Adjoining owners: must be a just proportion of the division fence between them
  • "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.
  • Fence should be a wire fence unless owners agree otherwise.

Division Fences Maintenance; Private Nuisance

  • Adjoining owners must contribute to the construction and maintenance of the division fence and must keep it in good repair.
  • 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.
  • 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.

Tree Damage

  • Willful trespass: when the trespasser injures someone's tree, timber, or shrub, the trespasser is liable to the owner for damages.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Nebraska Property Line and Fence Laws: Related Resources

Free Case Review from a Nebraska Attorney

Neighbor disputes about property line and fence law issues can become intense. If you are involved in one, you have a lot to lose. Consider talking to an experienced attorney who can help you get on the road to recovering your well-being and protecting your property. Get a free case review today.

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