{"id":369350,"date":"2019-11-04T16:58:05","date_gmt":"2019-11-04T21:58:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/neighbors\/fencing-on-property-line-who-pays-for-and-maintains-it.html"},"modified":"2025-06-03T11:32:00","modified_gmt":"2025-06-03T16:32:00","slug":"fencing-on-property-line-who-pays-for-and-maintains-it","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/neighbors\/fencing-on-property-line-who-pays-for-and-maintains-it.html","title":{"rendered":"Fencing on Property Line: Who Pays for and Maintains It?"},"content":{"rendered":"\n
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Fencing on Property Line: Who Pays for and Maintains It?<\/h1>\n
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\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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When a fence is built on the boundary line between two properties, it is typically considered a "partition fence" and ownership is shared by both property owners. This means both are responsible for the maintenance and costs associated with the fence. <\/p>\n\n <\/div>\n\n

State and local laws usually dictate the specifics, such as requiring mutual agreement before construction and sharing costs equally. If a fence is built solely on one owner’s property, that owner assumes responsibility. But what happens when a fence is built on the boundary line of two adjacent properties? Who\u2019s responsible for maintaining it?<\/p>\n

It depends on local laws. But in general, responsibility for maintenance<\/a> is shared when a fence is built on the boundary line of two adjacent properties. If one property owner opposes the fence, the other may still be permitted to construct it, subject to regulations.<\/p>\n

This article reviews the legal principles homeowners should know about fencing and property lines<\/a>.<\/p>\n

If you\u2019re facing a conflict regarding a fence on a property boundary, consider consulting a real estate attorney<\/a> who\u2019s licensed in your state. They can explain your options under state and local fence laws. They can also help you determine the best way to proceed.<\/p>\n

Partition Fences<\/h2>\n

Fences that sit directly on the property line<\/a> dividing two neighboring parcels of land are called \u201cpartition fences.\u201d You also might hear the phrase \u201cboundary fence\u201d used to describe a fence between two landowners\u2019 properties.<\/p>\n

While state and local law often provide specific definitions, "boundary fence" tends to be a broader term referring to any fence located on or very near the property line. As such, a partition fence is typically considered a type of boundary fence.<\/p>\n

Many states\u2019 fence rules require both neighboring property owners to share responsibility for a partition fence. The exact rules about partition fences depend on local ordinances and state laws.<\/p>\n

Similarly, if your property is located in a neighborhood with a homeowners association (HOA)<\/a>, the bylaws likely provide fence rules. For example, some HOAs have restrictions on privacy fences. Others may prohibit chain link fences in front yards.<\/p>\n

Who Owns a Partition Fence?<\/h2>\n

Typically, both neighbors jointly own a fence built directly on the property line<\/a>. This means both property owners have equal rights to the fence. They\u2019re also equally responsible for the cost of fence maintenance and upkeep.<\/p>\n

But if a neighbor builds a boundary fence entirely on their side of the property line, they typically are the sole owner of the fence.<\/p>\n

Can I Build a Partition Fence Without My Neighbor\u2019s Consent?<\/h2>\n

Generally, no. In most places, both neighbors must agree to its construction. But there are some states with statutes that allow a property owner to build a partition fence without their neighbor\u2019s consent<\/a>. Some of these laws focus on defining the parties\u2019 legal duties.<\/p>\n

Others focus more on communication and cooperation. These \u201cgood neighbor\u201d fence laws tend to incorporate:<\/p>\n