Sec. 15. When a fence that is already erected becomes a partition fence because previously unenclosed property is enclosed, the person who encloses the previously unenclosed property shall pay to the owner of the existing fence fifty percent (50%) of the value of the existing fence, as estimated by the owner of the existing fence.
Ind. Code § 32-26-2-15
Existing fence becoming partition fence; compensation
Applied in 2 court decisions — leading case John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing) (2016)
Most recently applied in John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc. (rehearing) (May 2016)
As added by P.L.2-2002, SEC.11.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.