{"data":{"id":"us-ut/utah-code-4-26-102","jurisdiction":"us-ut","citation":"Utah Code § 4-26-102","heading":"Adjoining landowners -- Partition fences -- Contribution.","body":"(1) If two or more persons agree to a fence enclosure or to the construction of a partition fence, the cost of construction and maintenance of the fence shall be apportioned between each party to the agreement based upon the amount of land enclosed.\n(2) A person who is a party to an agreement described in Subsection (1) and who fails to maintain such person's part of the fence is liable in a civil action for any damage sustained by another party to the agreement as a result of the failure to maintain the fence.\n(3)\n(a) If a person has enclosed land with a fence and the owner of adjoining land desires to enclose land adjoining the fence so that the existing fence or any part of it will become a partition fence between such tracts of land, the owner of the adjoining land shall, before making the enclosure, pay to the owner of the existing fence one-half of the value of all that part of the fence that will become a partition fence.\n(b) If a person whose land is enclosed, in whole or in part, by a partition fence ceases to improve or cultivate that person's land or opens the enclosure, the person:\n(i) shall give notice to the other owner of the partition fence and an opportunity to pay for the person's reasonable value of the fence;\n(ii) may not remove any part of the partition fence until the earlier of:\n(A) 30 days after the day on which the person gave notice to the other owner, as described in Subsection (3)(b)(i); or\n(B) the day the other owner pays the person for the person's reasonable value of the fence; and\n(iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the crops enclosed by the fence will be exposed to injury.","path":["Title 4 Utah Agricultural Code","Chapter 4-26 Enclosures and Fences"],"source_url":"https://le.utah.gov/xcode/Title4/Chapter26/4-26-S102.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"49bf1dcab979e37c2c0a46f91555a086bc7d4940d51a6fd2cf6df080a1cf5553","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-4-26-101","next":"us-ut/utah-code-4-26-103"},"notice":"GroundRules: Original legal text. Not legal advice."}