{"id":372924,"date":"2017-12-04T11:39:47","date_gmt":"2017-12-04T16:39:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/property-line-and-fence-laws-in-hawaii.html"},"modified":"2025-06-25T14:58:46","modified_gmt":"2025-06-25T19:58:46","slug":"property-line-and-fence-laws-in-hawaii","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/property-line-and-fence-laws-in-hawaii.html","title":{"rendered":"Property Line and Fence Laws in Hawaii"},"content":{"rendered":"\n
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Property Line and Fence Laws in Hawaii<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\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

Property line and fence laws in Hawaii govern boundaries, fence regulations, and the construction and maintenance of fences to address responsibilities between neighbors.<\/b><\/blockquote>\r\n

Even in the laid-back state of Hawaii, disputes over property boundaries still occur. Like other states, most of Hawaii\u2019s fence and boundary line laws focus on agricultural boundaries and controlling wandering livestock. In residential areas, neighbors must handle legal issues between themselves.<\/p>\r\n

City and county laws address fences and property line matters on private property within municipalities. When neighbors have issues about fence line encroachment, maintaining shared fences, and tree limbs in their property, city ordinances usually help resolve these legal questions.<\/p>\r\n

Hawaii Fence Laws<\/b><\/h2>\r\n

Hawaii Revised Statutes<\/a> define a \u201clawful fence\u201d in agricultural and residential property as any fence not less than four feet in height. Any fence made of suitable materials and capable of turning all stock is a legal fence. The ocean, impassable rivers and ponds, and vertical cliff faces are also legal fences.<\/p>\r\n

This rule applies to agricultural land and any property not covered by city or county building codes. Within cities and unincorporated residential and commercial areas, residents should consult the local building ordinances for guidance on property line laws.<\/p>\r\n

Cities may restrict fence heights and materials. For example, fences over six feet tall and retaining walls over 30 inches tall in Honolulu require building permits. Barbed wire and razor wire is not allowed as part of residential fencing.<\/p>\r\n

Hawaii follows common law and case law regarding shared boundary fences. Neighbors must share the cost of maintenance of shared fences and cannot alter or remove such fences without both neighbors\u2019 consent.<\/p>\r\n

Encroachment Issues<\/b><\/h3>\r\n

\u201cEncroachment\u201d means a fence or structure on your side of the property line has moved onto the neighbor\u2019s side of the line. Many older neighborhoods in Hawaii have encroachment problems, either because the land survey was incorrect or because Hawaii\u2019s volcanic land has shifted underneath the property.<\/p>\r\n

To avoid legal issues, Hawaii lawmakers created the de minimis law<\/a>. The de minimis law recognizes that small incursions onto the neighbor\u2019s property occasionally happen and are not sufficient for:<\/p>\r\n