CHAPTER 5. CUTTING LIVE FENCES BETWEEN ADJOINING LANDS
IC 32-26-5
Chapter 5. Cutting Live Fences Between Adjoining Lands
IC 32-26-5-1
Height and width of hedge or live fence
Sec. 1. A hedge or other live fence grown along the lines dividing
properties owned by different persons in Indiana shall be cut and
trimmed down to the height of not more than five (5) feet and to a
width of not more than three (3) feet once in each calendar year.
As added by P.L.2-2002, SEC.11.
IC 32-26-5-2
Complaint; written notice
Sec. 2. (a) Upon receiving a complaint in writing signed by an
owner of land adjoining a hedge or fence to which this chapter
applies alleging that the owner of the fence has neglected to cut and
trim the hedge or fence, the township trustee shall examine, within
five (5) days after receiving the complaint, the hedge or other live
fence.
(b) If the hedge or other live fence that is the subject of the
complaint under subsection (a) has not been cut and trimmed, the
township trustee shall give the owner of the hedge or other live fence
written notice to cut and trim the hedge or other live fence and to
remove the brush to the owner's property within thirty (30) days after
receiving the notice.
(c) The notice required under subsection (b) must be served by
reading the notice to the owner or by leaving a copy of the notice at
the owner's usual place of residence. If the owner of properties
divided by the hedge or other live fence is not a resident of the
township where the hedge or other live fence is located, the notice
shall be served by mailing a copy of the notice to the owner directed
to the owner's last known post office address.
(d) If the owner or the owner's agents or tenants do not cut and
trim the fences and remove the brush, the trustee shall, immediately
after the expiration of thirty (30) days, cause the hedge or other live
fence to be cut and trimmed and the brush removed to the owner's
property.
(e) The trustee shall recover all expenses incurred under
subsection (d) by bringing a suit against the owner of the property on
which the hedge or live fence is situated before the county court, the
circuit court, or the superior court of the county in which the hedge
or other live fence is situated. Collection of the expenses and any
judgment recovered shall be without relief from valuation or
appraisement laws.
As added by P.L.2-2002, SEC.11.
IC 32-26-5-3
Actions and proceedings; recovery of cutting and trimming
expenses
Sec. 3. The prosecuting attorney shall prosecute a suit under this
chapter in the name of the state on relation of a township trustee. The
prosecuting attorney shall receive ten dollars ($10) collected as part
of the cost of the suit, for bringing a suit under this section.
As added by P.L.2-2002, SEC.11.