Property Line and Fence Laws in Connecticut

Property line and fence laws in Connecticut define legal requirements for fence construction, helping to prevent neighbor disputes.

It's said that good fences make good neighbors. The opposite is true as well. Bad fences can make good neighbors angry. If you construct a division fence on your neighbor's property, you may destroy your relationship with them altogether.

The good news is that Connecticut has fence laws to ensure this doesn't happen. You and your neighbors are going to disagree from time to time, but if you familiarize yourself with Connecticut's laws regarding fences and property boundaries, you should be able to maintain a healthy relationship for years to come.

This article will discuss Connecticut's property lines, fences, and encroaching trees statutes. It also explains what to do if you are in a dispute with your neighbors.

If you and your neighbor can't settle a boundary matter between yourselves, consider speaking with a Connecticut real estate attorney sooner rather than later. We've also included links to other helpful FindLaw articles at the bottom of the page.

What To Do Before You Install a New Fence

Take the time to confirm your boundary lines before beginning the installation of any fence on your property. Your local tax assessor or zoning enforcement officer can help you with this. If you're ever feeling like you're in over your head, you can consult a Connecticut land use attorney for assistance. The last thing you want to do is erect a fence only to find out you must tear it down and start all over.

In addition to establishing your property boundaries, take the time to review your municipality's zoning regulations. Most towns and counties have ordinances you must follow when making changes to your property.

Your municipality may require a building permit to construct a new fence. Check your town's building code or speak to someone at the local building department to determine whether you need a permit.

Connecticut Property Line and Fence Laws: Summary

We've gathered a summary of state laws related to property line and fence laws in Connecticut, including links to important code sections.

Statutes

• Definition of Lawful Fence: Conn. Gen. Stat. Ann. Section 47-43
• Repair of Division Fence: Conn. Gen. Stat. Ann. Section 47-51
• Spite Fence: Conn. Gen. Stat. Ann. 52-480, Section 52-570
• Barbed-Wire Fence: Conn. Gen. Stat. Ann. Sections 47-47, 47-48
• Tree Damage: Conn. Gen. Stat. Ann. 52-560

Division Fence: Repairs

• If someone neglects to keep a division fence in good repair, the aggrieved party may call on a local fence viewer to assess the situation
• If the fence viewer finds the fence insufficient, they will immediately notify the at-fault party and give them a deadline to make any necessary repairs
• If the at-fault party does not make the repairs within 15 days from the date of the notice, the aggrieved party may make the repairs and recover double the repair costs plus the fence viewers' fees
• These monies will become a lien on the at-fault homeowner's property, and the town clerk's office will file the lien sixty days after the adjoining property owner completes such repairs

Spite Fences

• A spite fence is one that a property owner installs to annoy their neighbor
• The court may grant an injunction to remove or modify the fence

Tree Damage

• You may recover damages if your neighbor's tree or tree branches encroach on your property and cause property damage

How Does Connecticut Law Define a Lawful Fence?

Connecticut law has particular requirements that a homeowner must meet to install a new fence. If a fence is erected outside of these parameters, property owners must secure a special permit. If they fail to do so, the city may force the owner to remove the fence and build one that meets the specifications.

According to Connecticut General Statutes, the following types of fences qualify as a lawful fence:

• Board fences must be four-and-a-half feet high
• An open picket fence must be four feet high, and the openings between the pickets cannot be more than four inches wide
• All slat rail fences must be four feet tall, and the spaces between the slats cannot exceed six inches
• Chain link fences cannot be more than four feet tall and must contain galvanized wire that is at least nine gauges
• Stone walls or retaining walls must be four feet tall

When it comes to barbed-wire fences, Connecticut law is quite clear. The law prohibits barbed-wire fences in residential areas, particularly when the fence is between adjoining properties. If a person installs a barbed-wire fence along the sidewalk, the fence must be at least six-and-a-half feet high.

When You Can't Resolve a Fence Dispute

Fences can cause issues between neighbors. If your neighbor erects a fence that does not meet the requirements for a lawful fence or accuses you of maintaining a fence that doesn't meet the local zoning requirements, your relationship can sour.

One option for solving a dispute with your neighbor over a fence is to bring in a fence viewer to handle the dispute. In Connecticut, homeowners can appeal to "selectmen" who act as fence viewers with the authority to administer and enforce fence laws.

The fence viewer will investigate the situation and recommend a solution. If the parties refuse to comply with this recommendation, either party can file a legal action.

You can file a private nuisance claim if you believe your neighbor has erected a spite fence. Small claims court will be the likely venue if you are seeking relief from a fence that harms your property. Either way, you should contact a personal injury lawyer or a real estate attorney to handle your case. They'll have a much better chance of resolving the dispute with your neighbor and, if warranted, get you damages for your injuries.

Get Help With Your Property Dispute From a Connecticut Real Estate Attorney

If you're experiencing a fence or property dispute, try not to let it destroy your relationship with your neighbors. Before things get ugly, talk to an experienced real estate attorney if your local fence viewer can't resolve the issues you're having.

Nobody wants to take legal action, but sometimes it's a necessity. A Connecticut real estate attorney who can review your case, offer legal advice, and answer any questions you might have.

Related FindLaw Resources

• Fencing Laws and Your Neighbors: FAQs
• Building a Fence? Don't Offend Your Neighbors
• Fencing on a Property Line: Who Pays for It and Maintains It?