Fencing on Property Line: Who Pays for and Maintains It?

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’s responsible for maintaining it?

It depends on local laws. But in general, responsibility for maintenance 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.

This article reviews the legal principles homeowners should know about fencing and property lines.

If you’re facing a conflict regarding a fence on a property boundary, consider consulting a real estate attorney who’s 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.

Partition Fences

Fences that sit directly on the property line dividing two neighboring parcels of land are called “partition fences.” You also might hear the phrase “boundary fence” used to describe a fence between two landowners’ properties.

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.

Many states’ 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.

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

Who Owns a Partition Fence?

Typically, both neighbors jointly own a fence built directly on the property line. This means both property owners have equal rights to the fence. They’re also equally responsible for the cost of fence maintenance and upkeep.

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.

Can I Build a Partition Fence Without My Neighbor’s Consent?

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’s consent. Some of these laws focus on defining the parties’ legal duties.

Others focus more on communication and cooperation. These “good neighbor” fence laws tend to incorporate:

• Notice requirements before building or repairing a fence
• Presumption of shared benefit and cost
• Dispute resolution mechanisms
• Exceptions if one party proves they derive no benefit

California provides us with a solid example.

California’s Good Neighbor Fence Law

California law allows one property owner to build a fence on the boundary line after giving their neighbor 30 days’ written notice. The law presumes that the fence provides equal benefit to both parties. It also requires:

• Compliance with local zoning laws related to fence height, materials, and placement
• Reasonableness with respect to the fence cost, design, and appearance

If the neighbor makes no valid objection, the fence building may proceed. And the property owner who built the fence can generally recover half the cost of the fence from the neighbor.

But the neighbor could object in writing and provide evidence or reasons that the fence doesn’t equally benefit both parties. If that’s the case, the new fence can still be put up, but the property owner may not be able to recover half the cost from the neighbor.

Other states like Colorado, Oregon, and Washington have similar laws. Because laws vary by state, it’s best to consult a real estate attorney in your state for legal advice.

Is a Written Agreement Required for Partition Fences?

Not always. But it’s usually a good idea.

Whether you need a written agreement between neighbors for a partition fence installation depends on your state and municipality’s fence regulations. Typical agreements define the parties’ responsibilities and clarify the cost-sharing arrangement.

Even when it’s not required, a written agreement can help prevent legal issues related to the joint ownership arrangement. Some states require recording these agreements with the county or other local authorities to be legally enforceable.

Do I Need a Building Permit for a DIY Fence?

This also depends on state, local, and HOA requirements. Whether you’re taking on the fence project yourself or using a fence company generally doesn’t matter.

The rules governing permits tend to consider the following factors:

• Height limits
• Proximity to a public right-of-way
• Materials (like masonry)

While the permit rules are typically the same regardless of who’s building the fence, some jurisdictions issue different types of permits for homeowners and contractors.

Fence companies and contractors usually handle the permit process for you. This is often preferable because of their experience with local codes and because they generally assume liability for code compliance.

What If My Neighbor’s Boundary Fence Is on My Property?

If your neighbor’s new or existing fence encroaches on your property, there are several ways you can proceed. While your options will depend heavily on the circumstances and local regulations, they will almost certainly include taking legal action. This might include:

• Filing an ejectment action for the removal of the fence
• Seeking damages for any harm or reduction in property value
• Requesting a court order to compel the neighbor to remove the fence

But you’ll typically begin addressing the issue by obtaining a professional land survey to verify the exact boundary. This is important because fence disputes often arise from confusion about where the property line actually is.

After you’ve confirmed the fence line is on your property, you may want to try resolving the matter informally with your neighbor before pursuing legal action. But this isn’t always realistic.

What Is Adverse Possession?

Either way, you’ll want to address the encroachment to avoid the risk of adverse possession. This is a legal doctrine that could allow your neighbor to gain ownership of the encroached land. It generally requires the fence to remain uncontested on your property for a long period. This is often between 10 and 20 years, depending on the jurisdiction.

You can generally prevent this by sending the neighbor a letter asserting your ownership of the encroached land.

Another way to prevent the neighbor’s adverse possession of your land is by granting written permission for their fence to remain there temporarily. This permission interrupts what’s known as the adverse possession “timeline.” It can also interrupt the timeline for a prescriptive easement, which could otherwise give your neighbor the legal right to use your land.

Granting this permission, or license, can help preserve neighborly relations. But you’ll want to ensure it’s revocable and carefully drafted.

Getting Legal Advice About a Fencing Issue

Regardless of the issue you’re facing or anticipating, it may be in your best interest to consult a real estate attorney. A legal advisor who’s well-versed in your local and state fence laws can be invaluable to you at this time.

FindLaw’s directory of dedicated real estate attorneys can help you find a qualified local attorney in just a few clicks. Just choose your state, then city, to view contact and ratings information for area experts. You can share the details of your situation with them confidentially so they can help you understand the remedies available to you. That way, you’ll be able to make informed decisions about the best way to proceed.

Land ownership can be complicated and overwhelming, particularly when it comes to fence disputes. Reach out to a local advocate who can fight for your property rights. They just might be your most important ally as you move forward.