Building a fence along a property border might lead to disagreements with neighbors. Learn the legislation and how to contact your neighbors about your fence designs.
What you will discover:
Do I need permission from my neighbor to build a fence?
Is it legal to charge my neighbor half the cost of repairing or replacing a fence?
Who owns a fence constructed along a property line?
Who pays for fence damage?
Is a permission required to erect a fence?
As the adage goes, good fences make good neighbors. A fence may be one of the most effective means of resolving neighborly problems. However, it has the potential to introduce additional issues. What is the legal position on fences? Laws differ from state to state and city to city, however there are certain basic standards and courtesy. The following answers to frequently asked fence questions will assist preserve the peace while also protecting your privacy and property.
Do I need permission from my neighbor to build a fence?
Whether or not you need your neighbor’s permission to install a fence typically depends on where you want to put it.
Putting up a fence around your home
Most jurisdictions do not need your neighbor’s consent to construct a fence that is fully on your own property. This, of course, requires that you are certain of your property’s limits. A recent or fresh boundary survey might assist you in determining such borders.
There are, however, exceptions. For example, if your neighbor has been crossing your property to go to their own for a long time, they may have a “prescriptive easement” on your land that precludes you from erecting a barrier that blocks their normal path.
Putting up a fence along the property line
If you wish to install a fence exactly on the property line, you may need permission from your neighbor. It is a good idea to consult with your neighbor ahead of time. But suppose you and your neighbor do not get along and they refuse to let you erect a fence along the property boundary. In this scenario, you may attempt constructing a fence just within your property line, since a fence constructed on your land a few inches inside the border does not intrude on your neighbor’s property.
Putting up a fence on your neighbor’s land
You are not permitted to construct a fence on your neighbor’s land without their consent.
Your neighbor has the right to protest to any component of your fence, even if it just encroaches on a few inches of their land. What they can accomplish may be limited by local regulations.
A property owner may generally do anything they want with anything that passes into their land. If you have a tree on your land with branches that reach into your neighbor’s property, your neighbor may normally cut the branches all the way to the border. Your neighbor may be able to transfer a fence you installed on their land onto yours and hold you accountable for the cost.
Is it legal to charge my neighbor half the cost of repairing or replacing a fence?
Most regulations do not compel your neighbor to pay half of the cost of constructing, maintaining, or replacing a fence. If the fence is on your property line, your neighbor may be accountable for half the cost of upkeep, but there are few, if any, legal processes to oblige them to pay their portion.
If you and your neighbor have agreed to split the repair expenses, you should put your agreement in writing and get it signed. If you agree to engage contractors, you might both sign a Construction Contract or Home Improvement Contract.
Who owns a fence constructed along a property line?
Local rules vary on who owns a fence erected along a property border. In certain locations, the fence remains the property of whomever paid for its installation and upkeep. That neighbor may be able to alter or remove the fence totally.
In some instances, the fence may be considered the common property of both neighbors. In this case, the neighbors may be jointly liable for maintenance expenditures, and substantial alterations to the fence may need authorization.
Who pays for fence damage?
If you can establish that your neighbor was at fault or that the damage occurred because of anything that happened on their property, you may be able to hold them legally accountable for the fence damage. If anything occurs on your property that damages a shared fence, your neighbor may bring the same claim against you.
This often entails catastrophic damage caused by carelessness, a deliberate act, or a storm or other natural catastrophe on their land that caused anything on their property, such as a tree falling, to destroy the fence. If you can demonstrate the following, your neighbor may be accountable for the expense of fixing a fence:
The fence was chewed through by your neighbor’s dog.
Your neighbor’s automobile slammed into the fence by mistake.
Your neighbor purposefully ruined the fence.
A tree on your neighbor’s yard toppled and landed on the fence.
If you are unable to persuade your neighbor to pay in certain cases, you may be entitled to sue them for the damages.
The liability for damage produced by normal wear and tear is less obvious. Both neighbors may be accountable for a failing fence, but there are few legal mechanisms that oblige a neighbor to participate.
Is a permission required to erect a fence?
A construction permit may be required in certain areas to construct a fence. Others may need a permission solely for particular types of fencing. A permit may be required by a municipal building code for an extremely tall fence or a stone or concrete wall, but not for a basic chain link fence. Some areas may not even need a permission. Fences are sometimes legally needed and require a permission.
The procedure for acquiring a permit differs based on where you live. In certain municipalities, cities, or counties, obtaining a permit may be as simple as filling out an application. Other municipalities may post pending permission applications and enable interested parties, such as your neighbor, to object. A neighbor might file an objection to the permission in writing or during a hearing.
