Property Line and Fence Laws in Arizona

State property line and fence laws in Arizona regulate livestock and swimming pools, although cities have other restrictions or zoning ordinances regarding fences and property.

Unlike most other states, Arizona does not have specific laws addressing property boundaries and fence lines. Both owners share maintenance and upkeep of a fence between their property. This can cause issues when a fence needs to be painted or rebuilt and becomes “their fence,” and not “my fence.”

Arizona courts take a common law approach to boundary dispute issues. Litigants bring their legal issue to court and resolve the matter before a judge. Some urban areas have ordinances about fence height and construction materials. Homeowners’ associations can restrict the appearance of fences and forward-facing walls according to the association CC&Rs.

Arizona Fence Laws

Arizona’s only state fence laws affect two things Arizona has a good deal of: livestock and swimming pools. In both cases, the state wants to prevent risks to passers-by unaware of potential hazards.

Pool Fences

Arizona Health and Safety codes require all swimming pools owners to enclose them with fences or barriers. Both above and below ground pools must have barriers that meet the following requirements:

• At least five feet high measured from the outside
• No openings or vertical spaces wider than four inches, and no horizontal spaces more than 1 3/4 inches apart
• Self-closing, self-latching mechanisms whose release devices are at least 54 inches off the ground
• At least 21 inches from the water’s edge
• Fences that are not climbable or scalable from the outside

A mechanized locking swimming pool cover may replace a barrier described in the statute.

These regulations only cover residential properties. Commercial swimming pools and multi-unit properties have different requirements.

Livestock Fencing

Arizona is a “fence out” or “open range” state. Property owners who do not want livestock on their property must fence in their own land, thus fencing out cattle and other animals. Property owners must follow regulations for building a lawful fence, which meets the following standards:

• Good and substantial posts, with no specific material requirement
• Posts placed in the ground not more than 30 feet apart
• A minimum of four barbed wire strands of the usual type, with optional wire stays to prevent sagging

Razor wire, concertina wire, and similar wire is not permitted in residential areas. Owners can use electric fencing, depending on local ordinances. Property owners should direct questions to the Arizona Fish & Game Department.

No Fence Open-Range Districts

Within an open-range district, residents can petition for a “no fence” designation. Property owners must still have lawful fences. Within a no fence district, the liability for livestock damage falls on the livestock owner, not on the property owner.

Municipal Fence Laws

Cities have separate fence and border regulations. Besides swimming pool fence laws, city ordinances affect:

• Setbacks from the property line and from the street
• Visual clearance for corner lots
• Building permits or engineering approvals for fences and retaining walls that abut a public right-of-way or public use property

Cities often restrict heights of fences. In many jurisdictions, front yards are limited to four feet, while back yards are capped at six feet. Tucson allows rear and side walls of ten feet.

Examples of Local Fence Regulations

• City of Phoenix Residential fences
• City of Tucson Fence permits
• City of Flagstaff Zoning code

Neighboring Property Laws

Arizona does not have any “good neighbor” laws. If there are legal issues surrounding a property line, the owners must arrange their own surveys and argue the matter in court. In general, fences located on the boundary line between properties are mutual property. Each owner is liable for upkeep and repairs to their side of the fence.

In theory, one neighbor could take down the entire fence if they wished without notice to the other. If it was replaced, they would have to put the new fence precisely on the property line.

Trees, Leaves, and Fruit

Overhanging trees are a frequent cause of neighbor disputes. You can trim back any branches that extend onto your property up to the property line, but you cannot harm or kill the tree. You may remove any leaves that drop onto your property, but you cannot demand that your neighbor remove their tree because it inconveniences you.

If the tree falls into your property and causes damage, the tree’s owner is liable for the property damage. Who must remove the tree may be a legal question for the insurance companies. If this matter arises, it might be time to contact a real estate lawyer for more guidance.

Fruit or nut trees that grow outside property boundaries are fair game. If your neighbor’s orange tree drops fruit into your yard, you can gather and eat it. You cannot take fruit from the tree that is not on your property.

Spite Fences and Obstructions

Arizona does not have a “spite fence” statute. Some HOAs may have regulations preventing walls or unnecessary structures that block the view. A spite fence is an unreasonably tall fence or wall built to harass or annoy a neighbor. Unless your deed contains an easement protecting your view or there are other zoning ordinances regarding sight lines, a neighbor’s fence can be any height.

To remove a structure as a private nuisance, you must show substantial and unreasonable harm. It is not sufficient that it blocks your view of the lake or that it looks ugly.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify Arizona law(s) before making any legal decisions.

Having a Fence Dispute? Get Legal Advice From an Arizona Real Estate Attorney

Property line disputes often end up in court and can ruin friendships forever. Before your argument over a fence post winds up in the courtroom, get legal advice from an experienced Arizona real estate attorney for advice on the best way to proceed.