Fencing and Your Property Line: A Neighbor’s Guide

Fencing in your yard can be a great way to enhance your privacy and establish where your property ends and your neighbor’s begins.

Building a fence can involve a lot of rules and restrictions, no matter where you live. And you need to take a neighbor’s possible concerns into account.

So, what’s generally allowed and what isn’t? Here are a few key factors to consider before putting up a new fence.

What is fence law?

Many places have rules and restrictions that dictate whether you can put up a fence around your yard – and what it can look like if fencing is allowed. Fence law is typically localized and can vary significantly based on zoning laws.

Your city or county government can inform you of your area’s specific fence laws. Your local government or homeowners association (HOA) enforce regulations, including who owns a fence between two properties, what it must look like, how close it can be to property lines and fence height limits. You may also need to get permission from local authorities to put up a fence in the first place.

FAQs for building a fence on or near your property line

To avoid any legal disputes or fines, complying with local fencing regulations is crucial before putting up a new fence around your yard. We have answers to a few frequently asked questions about fencing rules and potential issues property owners may run into while installing a fence.

Do I need a fence building permit?

Not all areas require a fence building permit. Contact your local government’s planning or zoning department or speak to a building inspector to find out if you’ll need one. There may be specific situations when you’re required to get a permit the first time you build a fence, but not after that.

If you build a fence without a permit when one is required, you could receive an order to stop building or even take down what you’ve already put up. If you don’t comply, you may face legal consequences from your local government, HOA or your neighbors, which could result in fines or even a lawsuit.

Visit your local city hall to apply for a fence building permit. Before you start building a fence, consider scheduling a property survey to pinpoint the exact boundaries of your property. Depending on where you live and the size and location of your proposed fence, you may also need permission from your neighbors before building.

How close to a property line can I build?

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you’ll have to cooperate with your neighbor and potentially share the cost of the fence. To find out exactly how close to the property line you can build a fence, contact city hall or a local building inspector.

Even if you build a fence a few inches or feet away from the property line, you’re still responsible for maintaining your property outside the fence up to the line. Regardless of how close the fence is to the property line, you should talk to your neighbors before building and make sure everyone knows about the project and is in favor of it.

Can my neighbor build a fence on the property line?

Some areas have different rules about how far a fence must be from the property line. In many urban areas, it’s perfectly fine to build fences right up to the property line between lawns. In subdivisions and rural areas, fences may need to be a certain distance from the property line.

If your neighbor has built a fence on the property line and your local laws don’t permit that, it may be helpful to have a conversation with them about local fence laws and try to explore potential solutions to resolve the situation. If they refuse to move or take down the fence, you may need to involve city hall, and at that point, your neighbor may face fines or legal action.

If local regulations permit fences on property lines and your neighbor has put one up without your knowledge, you should contact them to discuss the fence. Fences on boundary lines are typically a shared responsibility between neighbors, and you may be equally responsible for the structure’s upkeep.

Can I build a fence next to my neighbor’s fence?

What happens when you want to put up a fence, but your yard is surrounded by your neighbors’ fences? It’s usually allowed to put up your own fence even if your property has fences all around it, but you should always double-check with local authorities.

To protect yourself from future disputes or legal actions about the closeness of your fence to neighbor’s fence or their property, you should draw up a legal contract with your neighbors or place all four corners of your fence further in to ensure it’s entirely on your property.

This is another case where ordering a land survey to establish your property’s boundaries can be beneficial. Keeping your fence within your property on all sides should help minimize the risk of any fence disputes, even if a neighbor takes down their fence.

Who pays for a fence on a property line?

When a fence is built on a property line, homeowners on both sides are usually responsible for the cost of installing the fence and maintenance unless they negotiate otherwise. That said, when fence repairs are needed, both property owners should cover the bill. If one refuses, the other can take any legal recourse permitted by local fence laws. Check with your local government for clarity on your area’s rules on property line fences.

Can I remove my neighbor’s fence from my property?

If your neighbor has built a fence on your property, they’re technically trespassing. To avoid potential issues related to adverse possession, approach your neighbor about the fence. Before you talk with them, order a property survey or take some official measure to prove the boundaries of your yard. If they refuse to move or take it down, you can take legal action to remove the fence.

Don’t attempt to remove the fence yourself. Any attempt to remove it should involve your local government’s planning or zoning office.

Sometimes, you can contest a permitted fence. Your local government may issue an order requiring your neighbor to take the fence down. Whether the fence was installed with or without a permit, you may need to hire an attorney and take the issue to court to resolve it.

How can I determine where my property line is before installing a fence?

You can look for your property lines on your deed. If you don’t have it, you can get a copy from your local government office. Another option is to hire a land surveyor to more accurately determine your property lines.

Can I modify a fence on a property line without my neighbor’s consent?

No, you can’t. You have to run any property line fence repairs or modifications past your neighbor because they co-own it. Making repairs or modifications without their permission may land you in small claims court.

The bottom line: Fence laws can help keep property line peace

Building a fence is a great way to establish the borders of your property, enhance privacy and create a secure space for pets to roam freely – but it can get complicated. Navigating local laws and avoiding potential fence disputes with neighbors takes communication and careful planning.

Before you grab a hammer and nails, contact your local government about permitting, research your local fencing laws and most importantly, order a property survey to confirm the boundaries of your land.