EZregs - Making Sense of Illiois Agricultural and Horticultural Regulations

How are disputes settled about fence maintenance and repair?

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Fence Act

Sec. 6.

Determination of delinquent fence repair or rebuilding

Sec. 6. If any person neglect to repair or rebuild a division fence, or portion thereof, which he ought to maintain, any two fence viewers of the town or precinct, as the case may be, shall, on complaint by the party aggrieved, after giving due notice to each party, examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party, and direct him to repair or rebuild the same within such time as they may deem reasonable.

(Source: R.S. 1874, p. 527.)

Sec. 7.

Settling disputes about proportion of fence each landowner is to maintain

Sec. 7. If disputes arise between the owners of adjoining lands concerning the proportion of fence to be made or maintained by either of them, such dispute may be settled by any two of the fence viewers of the town or precinct, as the case may be, and in such cases it shall be the duty of the two fence viewers to distinctly mark and define the proportion of the fence to be made or maintained by each.

(Source: Laws 1917, p. 527.)

Sec. 8, 9, and 10

Fence viewer selection procedures and viewer judgements

Sec. 8. When any of the above mentioned matters shall be submitted to fence viewers, each party shall choose one; and if either neglect, after eight days' notice in writing, to make such choice, the other party may select both. And for all purposes of notice under this act, it shall be sufficient to notify the tenant or person in possession of said adjoining premises, when the owner thereof is not a resident of the town in which such fences are situated.

(Source: R.S. 1874, p. 527.)

(765 ILCS 130/9) (from Ch. 54, par. 9)

Sec. 9. The two fence viewers so chosen shall examine the premises, and hear the allegations of the parties. In case of their disagreement, they shall select another fence viewer to act with them; and the decision of any two of them shall be final upon the parties to such dispute, and upon all parties holding under them.

(Source: R.S. 1874, p. 527.)

(765 ILCS 130/10) (from Ch. 54, par. 10)

Sec. 10. The decision of the fence viewers shall be reduced to writing; shall contain a description of the fence, and of the proportion to be maintained by each, and their decision upon any other point in dispute between the parties, submitted to them as aforesaid; and shall be forthwith filed in the office of the town clerk, or in the office of the county clerk in counties which shall not have adopted township organization.

(Source: R.S. 1874, p. 527.)

(765 ILCS 130/10.1) (from Ch. 54, par. 10.1)

Sec. 10.1. If for any reason the fence viewers shall fail to make a decision within 90 days after the matter has been submitted to them, either the county board or the township board of trustees may assume jurisdiction of the matter and make a decision thereon. If neither the county board nor the township board of trustees makes a decision thereon within 60 days after the expiration of such 90 day period, either party may petition the circuit court of the county in which the fence is located to make the decision thereon and in such case the circuit court shall have original jurisdiction to hear and decide the matter.

(Source: P.A. 84-339.)

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