Property Line and Fence Laws in Arkansas

Owning property comes with significant legal rights and responsibilities. As a landowner, it's important for you to understand the location of the boundaries of your property. It's also likely that you'll be called upon to address issues that may arise with your neighbor about fences and trees along the property line. Read on to learn more about fence and property line laws in Arkansas.

Arkansas Laws About Property Lines and Fences

Neighbors who share a boundary line frequently have disagreements about fences bordering the properties. For this reason, Arkansas, like many other states, has chosen to enact laws that govern boundary fences. Arkansas law even addresses what tribunal responds to fence disputes, and appoints a panel of fence "viewers," who are actually homeowners in the particular area, assigned to resolve disputes and complaints related to fences.

Some states have also passed laws regarding "spite fences," which are fences built with the malicious intent to annoy or harass a neighbor. In Arkansas, the law governing spite fences arose out of case law, rather than through the legislature. An older line of Arkansas cases held that a landowner has the right to build any sort of structure on their land, even if it causes annoyance to a neighbor and even if the purpose for building the structure is malicious. The more modern view in Arkansas is that a neighbor can enjoin the building of a structure erected for the purpose of annoying them or decreasing the value of property.

The following chart provides more information about Arkansas laws governing property lines, fences, and tree trimming.

Note: State regulations 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.

Related Property Line, Fence, and Tree Resources

• Boundary Disputes
• Property Boundaries, Lines and Neighbors FAQ
• Fencing Laws and Your Neighbors: FAQs
• Conflicts Involving Trees and Neighbors
• Neighbor Disputes: Trees

Speak with a Lawyer About Your Property Dispute

When facing a conflict with your neighbor, it can be difficult to know what step to take first. Understanding how your state's laws apply to you as a property owner is a great first step. Depending on your circumstances, you may also want to consider speaking with an experienced real estate attorney for advice about your particular situation.