FAQ about Fences and Neighbors

Do excellent fences make for good neighbors? These commonly asked questions may assist you in making your decision.

Questions

My neighbor is erecting a fence that is in violation of the municipal fence code. How can I get the law to be enforced?
My next-door neighbor’s fence is awful. Is there anything I can do about it?
The fence that separates my property from my neighbor’s is in poor condition. Can I repair it?
What exactly is a border fence?
Who is responsible for the maintenance and upkeep of a border fence?
Where can I find out more about fences?
How tall can I construct a fence on my property?

My neighbor is erecting a fence that is in violation of the municipal fence code. How can I get the law to be enforced?

Cities are not in the business of dispatching fence inspection teams, and as long as no one complains, a nonconforming fence may remain in place indefinitely.

Inform your neighbor about the legislation as soon as possible. She most likely is unaware of the rule, and if the fence is still being constructed, she may be able to alter it at a reasonable cost. If she proposes that you mind your own business, notify the authorities. In most cases, a phone call to the planning or zoning department or the municipal attorney’s office is all that is required. The neighbor will be required to comply; if she does not, the city may penalize or even sue her.

My next-door neighbor’s fence is awful. Is there anything I can do about it?

As long as a fence does not endanger neighbors or passers-by, it is unlikely to break any laws just because it is unattractive. However, in order to have a cohesive architectural aesthetic, a municipality or subdivision may restrict certain kinds of new fences, such as board fences. Certain materials, such as electrically charged or barbed wire fences, are also prohibited in certain municipalities.

Even if there is no such regulation, if a fence is so badly built that it is an eyesore or a hazard, it may be outlawed under another law, such as a blighted property ordinance. And if the fence was created only for the purpose of being cruel — it’s high, unsightly, and serves no practical use for the owner — it may be a “spite fence,” and you may sue the neighbor to have it removed.

The fence that separates my property from my neighbor’s is in poor condition. Can I repair it?

Fences on a property line belong to both owners while both are utilizing the fence, unless the property owners agree otherwise. Both owners are responsible for maintaining the fence in good condition, and neither may dismantle it without the approval of the other.

A few jurisdictions impose significant fines for declining to contribute to upkeep once the other owner makes a fair request. In Connecticut, for example, one neighbor may go ahead and fix while suing the other owner for twice the cost.

Of fact, a landowner seldom needs to file a lawsuit. Your first step should be to discuss the situation with your neighbor. Your neighbor will most likely be pleased that you are taking the effort to repair a fence that is already an eyesore and might degenerate into a serious hazard.

What exactly is a border fence?

A boundary fence, also known as a division fence or partition fence, is a barrier that separates two properties and is utilized by both owners. When both owners utilize a boundary fence, it is owned by both. The definition of “usage” differs per state. Some states define usage as occupation, such as growing crops on the property up to the fence. Some people use the term “join” to refer to usage; for example, a neighbor who connects another fence to the boundary fence is “using” the border fence. According to most states, a fence is only utilized when the landowner’s property is completely surrounded by fences.

Who is responsible for the maintenance and upkeep of a border fence?

Unless the owners of the boundary fence agree differently, both owners are responsible for maintaining the fence in good condition. The fence owners, on the other hand, may consent to a different arrangement. For example, one neighbor may wish to be in charge of mending the fence, maybe because she owns a dog and is more concerned with the fence’s upkeep. Boundary fence agreements between neighbors are only binding between existing neighbors. When a new owner enters the scene, the previous agreement is no longer in effect.

How tall can I construct a fence on my property?

Local regulations often limit the height of artificial (built) backyard fences in residential areas to six feet. Front yards often have a four-foot restriction.

Natural fences, such as those made of shrubs or trees, may also be subject to height limitations provided they match the ordinance’s broad description of a fence. Trees placed in a row and growing together to create a barrier are often referred to as a fence. When natural barriers are particularly stated in the statutes, the height limitations typically vary between five and eight feet.

However, if you have a valid cause (for example, you need to screen your property from a loud or unattractive nearby use, such as a gas station), you may request a variance from the city. Before making your request, explain your situation to your neighbors and get their support.