Short answer. Yes. Article 659 of the Civil Code creates a presumption that an easement of party wall exists for fences, walls, and live hedges dividing rural lands. Unless there is a title, an exterior sign, or proof to the contrary, such dividers are treated as jointly owned.
What the law says
In fences, walls and live hedges dividing rural lands.
Civil Code, Article 659 — When a Party Wall Is Presumed. Read the full provision →
The presumption of party wall in rural dividers
Article 659 of the Civil Code establishes that the existence of a party wall easement is presumed in several situations, unless there is a title, an exterior sign, or proof to the contrary. One of those situations is fences, walls, and live hedges dividing rural lands. When two neighboring agricultural or rural landowners share a common fence or hedge between their properties and there is no documentary title or visible marker indicating sole ownership on one side, the law treats that boundary structure as being in co-ownership — a party wall.
What the presumption covers
Article 659 applies to three types of rural boundary structures: physical walls, fences, and live hedges — rows of shrubs or trees planted along the boundary. The presumption runs in favor of co-ownership. This means that neither neighbor may unilaterally demolish, move, or substantially alter the boundary structure without the other's consent, because both are presumed to own it together. It also means that both are presumed to share in the maintenance obligations and any benefits the structure provides.
How the presumption is rebutted
The presumption is not irrebuttable. Article 659 makes clear that three things can overcome it: a title showing that the structure belongs solely to one landowner, an exterior sign — some visible physical feature indicating sole ownership, such as the wall being built entirely on one side of the boundary — or proof to the contrary in any other form. If a deed or survey clearly identifies the fence as part of one owner's property, or if the fence is plainly constructed on only one lot and serves only one party, the presumption may be rebutted and sole ownership established.
Other situations where the party wall presumption applies
The party wall presumption in Article 659 is not limited to rural settings. The same presumption covers: dividing walls of adjoining buildings, up to the point where both buildings reach the same height; and dividing walls of gardens or yards in cities, towns, or rural communities. The rural-lands scenario — fences, walls, and live hedges — is the third category. All three are governed by the same rule: co-ownership is presumed unless a title, exterior sign, or counter-proof says otherwise. Landowners who want to establish or protect sole ownership of a boundary structure should ensure their documentation is clear and consistent with that claim.