Mike Breen is a Bowling Green attorney.

There is an old saying: Good fences make good neighbors. There is a lot of wisdom in this saying, and neighbors often find it desirable to maintain fences to preserve good neighborly relations. However, it rarely makes sense for neighbors who each want a fence to each build one immediately adjacent and parallel to the other. A single fence separating their properties generally will serve both very well. Shared fences are common in both urban subdivisions and rural areas throughout Kentucky. As with all shared property, common fences force people into legal relationships with their co-owners. Because these relationships sometimes turn sour, a large body of common law, or court-made law, as well as statutory law, has evolved to deal with the problems of joint ownership of fences and walls. Ordinarily, a party wall or fence stands on the line separating two adjoining parcels of land. In some cases, the fence may rest on the land of one of the landowners. The fence location relative to the property line is one factor in determining whether it is a joint or party wall. Kentucky law encourages adjoining landowners to share expenses. If one owner of property desires to erect a fence, law provides that the owner can contact the owner of the adjoining property and ask that he pay for half the costs. If that owner refuses, then the other owner can erect a fence, and charge half the reasonable cost to the other owner. If the other owner still refuses to pay, then the law grants a lien (similar to a mortgage) on the other landowners property for the expenses. Problems with party walls and fences sometimes occur over the need to rebuild or repair the fence. Generally, if one owner rebuilds a party wall because it has become run down or unsafe, he can require his neighbor to contribute to the cost. However, if the fence is destroyed by natural causes, the landowner who rebuilds it may not be able to compel an unwilling neighbor to assume part of the cost. Generally, however, either co-owner of a party wall or fence may make necessary repairs to it and require his neighbor to contribute to the cost. As with any other jointly owned property, you should discuss it with your neighbor and try to reach an agreement on rebuilding or repairs before you undertake them. Always be sure and check for local ordinances that may address this issue.