Property Line and Fence Laws in Alabama

Created by FindLaw's team of legal writers and editors | Last reviewed November 28, 2017

Fence building is an act that symbolically and literally creates isolation and distance between people. With that in mind, it's not surprising that fence disputes are one of the major areas of conflict between neighbors. Issues concerning fences and other property line issues can cause harm to neighborhood relationships and create confusion as to the best way to resolve such property disputes. Fortunately, residents can refer to state law for guidance on property line and fence laws in Alabama.

Fence Laws in Alabama

A common fence related issue that causes conflict between neighbors is whether both parties are equally responsible for the construction and maintenance costs for a fence that is located on the boundary line between their properties. In Alabama, both occupants of the adjoining property are jointly responsible for the expenses of the construction and the maintenance of the fence (partition fence) based on the rationale that both occupants are benefitting equally from the fence.

If the location of the property line is in dispute, you can conduct a survey to establish where your property ends. This is obviously relevant information for fence disputes, but is also important for other issues that arise between neighbors.

Tree Trimming in Alabama

Another area of property disputes between neighbors involves disputes over trees. Residents in Alabama, home to many pecan and oak trees, can recover additional damages if someone deliberately damages their tree. Alabama law does not make this action a crime, although theft or property damage laws may apply.

Alabama Property Line and Fence Laws at a Glance

The chart below provides a summary of state laws related to property lines and fence laws in Alabama, including links to important code sections.

Statutes	Partition Fences - Definition: Ala. Code Ann. 35-7-1 Partition Fences - Joint Expenses: Ala. Code Ann. 35-7-3 Partition Fences - Failure to Repair: Ala. Code Ann. 35-7-2 Tree Damages: Ala. Code Ann. 35-14-1, Ala. Code Ann. 35-14-2
Partition Fences: Definition	Partition fences are fences erected on the line between lands owned by different persons.
Partition Fences: Joint Expenses and Failure to Repair	Construction and repair of the fence are joint expenses of the adjoining occupants. When the joint occupants have agreed to maintain a specific part of the fence and one owner does not repair the assigned portion, then the other owner can make the repairs and obtain compensation from the owner who failed to make the repairs.
Tree Damages	If someone intentionally cuts down or destroys a tree without the owner's consent, then they must pay the owner the monetary amount designated in the statute.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.