Who Pays for a Shared Fence Between Neighbors in Tennessee?

Short answer: in a regular neighborhood, there's usually no law that makes your neighbor pay half of a new fence. Tennessee does have a "partition fence" law, and it matters in a couple of situations.

I build fences, I'm not a lawyer. This is general information, not legal advice. For a real dispute, talk to an attorney.

What Tennessee law says

Tennessee Code Title 44, Chapter 8 covers "partition fences," meaning fences on the line between two owners:

• Partition fences "may" be built and repaired at the joint expense of both neighbors. The law says may, not shall, so it isn't an order to split the cost of a new fence.
• If your neighbor joins onto your fence or uses it, for example ties their fence into yours or uses it to close in their yard, they can owe you a fair share.
• If neighbors can't agree on that amount, a General Sessions court can appoint three property owners to settle it.
• You can't just tear down a shared partition fence. You need your neighbor's OK or 6 months' written notice. Removing one without notice is a misdemeanor.
• Next to farmland, a homeowner without livestock can put in writing that they aren't responsible for the farm fence.

Source: National Agricultural Law Center, Tennessee fence statutes.

What I see work in real life

After 34 years of building fences between neighbors:

• Put it in writing. If you agree to split it, write a one-page note: who pays what, which side faces whom, and who maintains it. Both sign.
• Settle the line first. Make sure you both agree where the line is. A survey ends most arguments before they start.
• Good side out. Give the neighbor the finished side. It's often the price of a peaceful split.
• If they won't chip in, build it a few inches inside your own line. Then it's entirely yours to build, keep and maintain.

Need a written estimate both neighbors can look at? I'm glad to send one to each of you.