In Maine, adjacent property owners share fencing costs.
Fence laws in Maine address responsibilities of adjoining property owners regarding fence construction and maintenance. Maine statutes define legal fences as at least 4 feet high, constructed of rails, stone, iron, timber or wire. Rivers, creeks, and other bodies of water may be regarded as a fence. Hedges and ditches are considered fences if they border two adjacent properties. Most Maine fencing laws are contained in Title 30-A, Chapter 133 of Maine Revised Statutes.
Fence Viewers
In Maine, "fence viewers" are designated to settle fencing issues between property owners. These fence viewers usually are town or city officials. Fence viewers are allowed to charge a token fee of $3 per day for their services. If they neglect their duties, they may be fined $3 a day. Fence viewers may issue notices to property owners who do not comply with their decisions on fencing issues.
Maintenance
Maine fencing laws say the property owners on each side of a partition fence are both responsible for maintenance of the fence. If one property owner refuses to maintain half of the fence, the injured party may ask two fence viewers to resolve the issue. The fence viewers will survey the property and make a decision. If they decide in favor of the plaintiff, the fence viewers will direct the delinquent property owner to repair the fence within 30 days. If the fence is not repaired within that time frame, civil charges may be pressed by the aggrieved property owner.
New Construction
According to Maine fencing laws, if one property owner decides to enclose his land for use in pasture, a neighboring land owner is required to pay the cost of half of the portion of the fence they will share. If a property owner is not willing to pay half the cost of the construction of a new partition fence for an adjacent neighbor, the neighbor may complain and demand more than double the value of the fence. If the delinquent property owner refuses to pay his or her share of the fence building after one month, a court may levy a judgment against the property owner for the full amount of the construction plus an interest rate of 1 percent a month.
Swimming Pools
Swimming pools represent a drowning hazard for small children. Title 22 §2951 of the Maine Revised Statutes requires property owners to construct a fence around swimming pools, with the exception of above-ground pools that are at least 2 feet in height. This fence must be at least 4 feet in height. Gates and doors giving access to the pool should have secure latches and should be closed and latched when the pool is not in use.
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