Utah § 4-26-102 - Adjoining landowners -- Partition fences -- Contribution.

Full text of Utah Utah Code § 4-26-102 — Adjoining landowners -- Partition fences -- Contribution., with citation guidance and answers to common questions.

§ 4-26-102. Adjoining landowners -- Partition fences -- Contribution.

Effective 7/1/2017
4-26-102. Adjoining landowners -- Partition fences -- Contribution.

(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.

(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.

(3)

(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.

(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:

(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;

(ii)

may not remove any part of the partition fence until the earlier of:

(A)	30 days after the day on which the person gave notice to the other owner, as described in Subsection (3)(b)(i); or

(B)	the day the other owner pays the person for the person's reasonable value of the fence; and

(iii)

notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the crops enclosed by the fence will be exposed to injury.

Amended by Chapter 345, 2017 General Session

Source: official Utah text · Last verified 2026-08-27

Frequently Asked Questions About Utah § 4-26-102

What does Utah Code § 4-26-102 cover?

Section 4-26-102 ("Adjoining landowners -- Partition fences -- Contribution.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 4-26-102?

A common citation format is "Utah Code § 4-26-102" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 4-26-102 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 4-26-102 at the Utah source

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.