{"id":373023,"date":"2017-11-30T17:52:00","date_gmt":"2017-11-30T22:52:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/idaho-law\/property-line-and-fence-laws-in-idaho.html"},"modified":"2018-03-14T18:33:37","modified_gmt":"2018-03-14T23:33:37","slug":"property-line-and-fence-laws-in-idaho","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/idaho-law\/property-line-and-fence-laws-in-idaho.html","title":{"rendered":"Property Line and Fence Laws in Idaho"},"content":{"rendered":"\n
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Property Line and Fence Laws in Idaho<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Good fences do not always make good neighbors. It’s common for adjoining property owners that share a boundary line to disagree about boundary fences and encroaching tree branches. For this reason, many states have passed laws addressing these common property issues. If you are a property owner in the Gem State, read on to learn more about fence laws in Idaho.<\/p>\n

Idaho Property Line and Fence Laws<\/h2>\n

Given the high likelihood for neighbors to disagree about fences along a property line, many states choose to pass laws governing these issues. Idaho has sections of its code specifically addressing boundary fences or "partition fences." The Idaho Code<\/a> governs how such fences are built, who is responsible for maintenance and repairs, and how landowners can resolve disputes.<\/p>\n

Some states also choose to prohibit the building of a "spite fence," which is a structure built by a property owner that serves no legitimate purpose other than to annoy or harass a neighbor. While Idaho Code doesn’t address this issue, the Idaho Supreme Court has had an opportunity to rule on it and has held that a property owner can’t erect a structure for the sole purpose of annoying or injuring a neighbor.<\/p>\n

Tree Trimming in Idaho<\/h2>\n

It’s also common for neighbors to have disputes regarding overhanging tree branches, which can drop leaves and fruit onto a neighbor’s property. For this reason, some states have passed laws regarding a property owner’s right to trim encroaching branches from a neighbor’s tree. Typically, landowners are entitled to "self help" by trimming branches only up to the property line. Idaho doesn’t have laws specifically related to encroaching tree branches; however, it’s illegal trespass<\/a> to enter the land of another and willfully or intentionally cut or injure a tree.<\/p>\n

The following chart provides more information about Idaho laws governing property lines, fences, and tree trimming.<\/p>\n\n

Statutes and Caselaw<\/b><\/p>\n<\/td>\n

Boundary Fences<\/i>: Idaho Code Sections 35-103<\/a>, 35-104<\/a>, and 35-106<\/a><\/p>\n

Spite Fences<\/i>: Sundowner Inc. v. King<\/i><\/a>, 509 P.2d 785 (Idaho 1973)<\/p>\n

Tree Trimming<\/i>: Idaho Code Section 6-202<\/a><\/p>\n<\/td>\n<\/tr>

Boundary Fences<\/b><\/p>\n<\/td>\n

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  • Adjoining property owners can request the building of a partition fence to protect the rights and interests of one of the property owners.<\/li>\n
  • After giving notice to the other landowner of your request that a partition fence be erected, that landowner is responsible for erecting, or causing to be erected, one-half of the partition fence.<\/li>\n
  • Partition fences must be built on, or as near as practicable to the property line.<\/li>\n
  • If, after receiving notice, the adjoining landowner doesn’t erect one half of the partition fence, you have the option of erecting the entire fence and collecting one-half the expense of the construction.<\/li>\n
  • Each landowner is responsible for maintaining his\/her one-half of the partition fence, unless the neighbors otherwise agree.<\/li>\n
  • In the event of disagreements between landowners regarding partition fences, either landowner may ask the magistrate judge to appoint three viewers to examine the fence and resolve the issue.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Spite Fences<\/b><\/p>\n<\/td>\n

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  • Idaho case law holds that a property owner can’t erect a structure for the sole purpose of harming a neighbor.<\/li>\n
  • A spite fence that serves no useful purpose can give rise to a request for injunctive relief or damages.<\/li>\n
  • Property owners don’t have a legal right to "make malicious use of his property" for the purpose of damaging his neighbor.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Tree Trimming<\/b><\/p>\n<\/td>\n