Mississippi has a party fence law, Mississippi Code Title 89, Chapter 13. Section 89-13-1 says owners of adjoining land or lots must contribute equally to building a fence on the dividing line when the land on their respective sides is used for cultivation, for horticulture, for pasturing livestock, or when a lot is used as an enclosure for any other purpose. It also says each must contribute equally to keeping the party fence in good repair for as long as the land is used that way.
The same section gives an owner a way out: an owner who would rather build a separate fence and leave a lane on his own land is not bound to contribute, but must do so within 60 days. The chapter was written for farm land and its language is old. In a Jackson subdivision, most neighbors sort out a shared fence with a short written agreement.
This page is general information, not legal advice. For a dispute, talk to your city or county or to a lawyer.
Does my neighbor have to pay for half of a new fence?
Not automatically. The statute speaks of equal contribution, but only for a fence on the dividing line and only where the land on each side is used in the ways the section lists. Whether your neighbor's lot qualifies is a legal question. If a neighbor refuses, the chapter sets out a process in which persons appointed through the justice court assess each share (sections 89-13-3 to 89-13-7). Few homeowners go that far. Do not plan your budget on the neighbor having to pay for half. Ask, and write down what you agree.
Who owns the fence between two properties?
A party fence is owned jointly by the two owners, under section 89-13-15. That section also says neither may take it down or remove it without the other's consent. A fence that stands entirely on one lot is a different thing: it belongs to that lot's owner. A survey tells you which kind you have.
Can my neighbor put up a fence without asking me?
Generally yes, if it is on their own land and meets the city's permit and height rules and any covenants. They do not need your approval for that. If the fence looks like it is on your side, a survey settles it. If it looks too tall or too close to the street, the city's zoning office can check.
A survey shows the fence is on the wrong side of the line. Now what?
Show the neighbor the survey and talk before doing anything else. When a survey shows the fence is off the line, the usual outcomes are that the fence is moved or that both owners sign an agreement about it. A fence that has stood in the wrong place for many years can raise questions about the boundary that only a lawyer should answer. Once you have decided, we can rebuild it on the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
Look at who set the line. A contractor who chose the location without a survey, or ignored marked corners, should move the fence at no charge, and you should ask for that in writing. If you showed the crew where to build, it is harder to put the cost on them. A good estimate says where the fence will go and who marked that location.
My neighbor and I agreed to split a new fence. How does the billing work?
Put the agreement on paper first. It should name the line, the fence type and height, the total price and each owner's share. We can write a single estimate that marks the shared stretch and shows both shares, and then bill each owner for their own part.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. You do not need a neighbor's consent for a fence that is wholly on your property and follows local rules. Have your corners located so there is no doubt. To reach the owner, look up the parcel in the county tax records, which show a mailing address.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If the fence is on your land, it is yours to replace at your cost. If it is a party fence on the line, be careful: section 89-13-15 says a joint owner may not remove it without the other's consent. Write to the neighbor, keep a copy, and get advice from a lawyer if they will not answer. Another choice is to leave the old fence alone and build a new one just inside your line.
My neighbor's tree roots are lifting our fence. Who handles that?
An arborist for the tree and a fence company for the fence. Do not let anyone cut big roots without an arborist's opinion. A pine or water oak with cut roots can die or fall in the next storm. We can often shift a post to one side of the root or bridge over it with a longer rail.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
To a point. A bottom rail, tension wire and heavier posts make chain link stiffer. They will not turn a yard fence into a retaining wall. Send the business a written request to keep material off the fence. If nothing changes, your city's code enforcement office is the next call.
We cannot price a fence without seeing the yard, and the visit is free. Call (601) 476-1207 or text a photo of the fence line to the same number.