Fencing Laws and Your Neighbors: FAQs

Fencing laws can often be confusing. Property boundaries, aesthetics, and responsibilities among neighbors intersect. They can even lead to neighbor disputes.

This article explains the types of local regulations you’ll usually encounter when putting up or maintaining a fence on your property. It also answers frequently asked questions (FAQs) about fencing laws and your relationship with neighbors, including questions about:

• Fence height limits
• Fence maintenance on shared property boundaries
• Aesthetics of fences
• Enforcement of local ordinances

Any number of disputes related to fencing can arise between neighbors. Perhaps your neighbor has built a new fence blocking your view of the beautiful mountain next to your property. Or maybe you and your neighbor are considering building a shared fence or partition fence. Perhaps your neighbor has created safety issues by building a fence with barbed wire.

Whatever your unique circumstances, knowing how to handle issues related to this area of real estate law is essential. A local real estate attorney can help you understand your rights and find a resolution.

Frequently Asked Questions (FAQs)

In disputes related to fencing laws, the following questions often come up:

• What is the typical height limit for a fence?
• Can a fence stay in place even if it doesn't comply with fencing laws?
• My neighbor built an ugly fence. Can I file a complaint?
• My neighbor's fence violates a local ordinance. How can I have the ordinance enforced?
• Who handles the maintenance of a fence between two properties?
• My neighbor constructed a fence on the property line. Do I have to pay for it?
• What is a “good neighbor" fence law?
• What can I do if a tree from my neighbor’s yard hangs over the fence?
• Where can I get legal help with fencing issues?

Fences and Local Ordinances

Local fence ordinances typically regulate what you can do when putting up a fence on your property. This can include:

• Type of fence material (wood, metal, etc.)
• Area where the fence goes
• Shape and color
• Appropriate height

These regulations vary widely from state to state. For example, North Carolina property law doesn't regulate fences much, except if the property owner keeps livestock. If you don't have livestock, you just have to keep the fence within the bounds of your land (unless there is a contrary agreement with your neighbor).

Fencing laws can affect adjoining landowners and how a neighbor's property is developed. These laws touch on adjoining properties and actual boundaries, including where front yards begin and end. They may become law through:

• Local ordinances set by cities and counties
• Subdivision rules called Covenants, Conditions, and Restrictions (CC&Rs)

Homeowner associations (HOAs) can also impose fence restrictions on residents living within certain subdivisions. The rules from the HOA will usually focus on:

• Height
• Property lines
• Color
• Style

The main focus for HOAs is keeping the community's aesthetics consistent. This ensures they align with the rules created by the communities' covenants and bylaws.

Ordinances and HOA rules can change. Always check your local and community updates to ensure you follow all regulations and any homeowners' association restrictions. If you find yourself facing a dispute with your HOA, it can be helpful to consult with a real estate attorney.

What is the typical height limit for a fence?

Local laws, such as local zoning ordinances, vary in how they limit fence heights. Fence laws also often distinguish between an "artificial" fence (a fence you build) and a "natural" fence (such as shrubs).

Generally, an artificial fence has a height limit of 4 to 6 feet, depending on the property's location. Natural fence height limitations are usually more generous and may vary from 5 to 8 feet.

Can a fence stay in place even if it doesn't comply with fencing laws?

A fence that violates local fencing laws can remain in place under some circumstances. The most common is where the fence pre-dates the current law. If an existing fence violates new height regulations, it can usually be considered “grandfathered” in.

If someone intends to build a fence that violates a local ordinance, they can apply for a one-time exception (known as a "variance") to the law.

My neighbor built an ugly fence. Can I file a complaint?

Local fencing laws guide fence requirements, such as:

• The height of a fence
• How far an owner must set back a fence
• The use of prohibited material
• The maintenance of a fence
• Dangerous fences

Subdivision CC&Rs often have provisions that regulate the appearance of fences. Restrictions on the type of material an owner may use and height regulations ensure design consistency throughout the neighborhood.

If a property owner's fence violates a subdivision rule, the homeowners' association may ask the owner to make it conform. If the owner refuses, the association or a neighbor can sue to enforce the rules.

Sometimes, a neighbor may build an ugly fence as a reaction to an ongoing dispute with their neighbor. Many states have laws that regulate "spite fences." This is especially true when it gets built to annoy a neighbor and exceeds fence height limitations. Under these statutes, the neighbor may sue for its removal.

My neighbor's fence violates a local ordinance. How can I get the ordinance enforced?

The neighbor may be unaware of the ordinance, so telling the neighbor of the violation is important. If the neighbor refuses to make changes, notify the city of the violation. The city will send a written notification to the neighbor and request conformance. If the neighbor refuses to conform, the city can issue a fine and sue for compliance.

You may sue the neighbor in small claims court for the loss of enjoyment of your property, but this will not result in removing the fence. If you want the fence removed, a trial court judge can issue an injunction against the neighbor.

Fences on Boundary Lines

Unless property owners agree otherwise, fences on a boundary line belong to both owners. In these cases, both owners have a shared responsibility for maintaining the fence. Neither may remove it without the other's permission. They must come to some kind of agreement to split the cost of repairing fences or common boundary walls.

Who handles the maintenance of a fence between two properties?

Boundary fences sit on the boundary line between two properties. Boundary or division fences must conform to fencing laws established by local ordinances and CC&Rs.

In general, both property owners own the fence erected between the property lines if they both use it. However, state property laws define "use" differently. There are three main definitions:

• Occupancy: Use of the land up to the fence
• "Join" for use: The attachment of another fence to the boundary fence
• Entire enclosure: Which property owner's entire property is enclosed by the attachment of other fencing to the boundary fence

Most state laws or local ordinances cast responsibility for maintaining boundary fences on the owners who use the fence, unless another agreement indicates otherwise. The law places responsibility on both parties because both enjoy the fence.

So, absent an agreement to the contrary, both property owners must share the cost when a fence needs repair. If one party refuses to cooperate, the other party can do any of the following:

• Write a letter to the neighbor explaining the problem with the fence
• Have the repair work done, then write a demand letter requesting payment from the neighbor
• Sue the neighbor for reimbursement

These disagreements can often be solved through mediation, rather than going through a whole lawsuit. If state or local laws offer a provision, you might be able to have a "fence viewer" examine the fence and recommend whether it needs repair or whether the amount requested for repair is reasonable.

My neighbor constructed a fence on the property line. Do I have to help pay for it?

Typically, the neighbor who builds the fence owns it and is solely responsible for its maintenance unless the other neighbor decides to use it. As discussed above, every state defines "use" differently. But most state laws are satisfied when a property owner encloses their property by using an existing fence.

In many states, fencing laws require the neighbor to pay the other owner one-half of the fence's value. However, some states have enacted "good neighbor fence laws" to encourage open communication and notice of fence projects.

What is a “good neighbor" fence law?

Several states, including Colorado and California, have “good neighbor” fence laws that outline the legal requirements for building a fence on the boundary line. These laws encourage open communication between neighbors regarding fence installation and help to get ahead of potential legal disputes.

Good neighbor fence laws typically include the following requirements:

• The property owner who wants to build a fence must inform their neighbor in writing about their plans (what the fence will look like, its dimensions, estimated cost, etc.)
• The neighboring property owner has a certain amount of time to respond (usually 30 days)

The neighboring property owner can either choose not to be involved or agree to contribute to the building and upkeep of the fence.

If the neighboring property owner chooses not to be involved, they do not have to contribute to the construction or maintenance of the fence. But, they also cannot use it. In this case, the property owner who wants to build the fence will likely build it near the property line, rather than on it.

Alternatively, the neighboring property owner can choose to contribute to the project. In that case, both sides will need to agree on the cost, design, and maintenance of the fence. As with most agreements, it's best to get this in writing.

What can I do if a tree from my neighbor’s yard hangs over the fence?

Trees are a common source of disputes between neighbors.

If a neighbor's tree branches hang over the fence, most states agree that an affected property owner may cut tree limbs and remove roots where they cross over the property line. However, the pruning cannot damage the basic health and welfare of the tree.

Alterations, Replacements, and More

If you are thinking of building a new fence or simply want to replace the old one, there are some basic rules to follow for the best results.

The most important rule is to always consult with your neighbor before beginning work or repairs. That includes attaching anything to the fence, such as lattice, signs, or canvas. Have an open conversation with your neighbor and, if they agree, get the details in writing.

If you are having trouble communicating with your neighbor, seek legal advice from a real estate attorney before moving forward.

Get Legal Help With Your Fencing Law Concerns

The laws and legal issues that can arise from disputes related to fencing laws can be challenging to handle on your own. Adjoining landowners might have boundary disputes, including fence disputes. And state laws vary widely in how they handle these disputes.

Although fence issues may sometimes feel petty, they affect property rights, which are incredibly important.

If you have questions or need to pursue legal action, a local real estate attorney can help you resolve your boundary issues with neighbors. They can give you the legal advice you need to succeed in your case.