Property Line and Fence Laws in Delaware

Delaware property line and fence laws address property boundaries, fence construction, and responsibilities between neighbors.

Even the best of neighbors disagree about property lines and shared fences from time to time. If your neighbor’s tree falls down and damages your car, shouldn’t they pay for repairs? You may be frustrated at your neighbor’s encroachment on your property. How should you handle something like this?

Whether you live in Sussex County or Newark, there’s a good chance you have a fence somewhere on your property. You may even have a shared fence with one of your next-door neighbors. This means there are probably branches hanging over your fence from your neighbor's tree.

This article will explain Delaware’s fence laws and laws regarding property boundaries. It will also provide answers any questions you have about installing a fence in your rear yard, side yard, or front yard.

If you’re dealing with a neighbor dispute over property lines and fences, contact a local land use attorney or real estate attorney. You'll also find links to additional helpful FindLaw articles at the bottom of this page.

Common Disputes Regarding Fences and Property Lines

Real estate lawyers may have to meet with clients who are dealing with neighbor disputes over fences, tree lines, and property lines. In most cases homeowners can resolve these issues amicably. Other times, these disputes lead to legal action.

Some of the most common common disputes regarding fences and property boundaries include:

• A neighbor claims that another homeowner’s fence encroaches on their property
• A resident argues that their neighbor used dangerous or unsightly fencing materials (e.g., barbed wire, electric fences, etc.)
• Claims that a neighbor’s fence or tree exceeds the maximum height per local ordinances or homeowners' association (HOA)
• Allegations that a neighbor built a fence without the necessary building permits
• Claims that a neighbor’s fence encroaches on the homeowner’s right-of-way
• Arguments that a resident’s fence or tree branches encroach on another resident’s rear property line

If you’re dealing with any of the above issues, consider speaking with a local real estate attorney if you've reached an impasse. They’ll review your municipality’s ordinances, decipher the zoning laws, and confirm your lot lines if there’s a claim of encroachment.

Delaware Property Line and Fence Laws: Summary

The following chart highlights Delaware's property line and fence laws. If you're unsure about a fencing or property regulation, consider speaking with a local real estate attorney to confirm local ordinances or your homeowner association’s bylaws.

Delaware Fence Laws and Livestock

Delaware law recognizes the common law rule of "fencing in" livestock to prevent animals from damaging a neighbor’s property. Landowners without livestock are not under any duty to build a fence to keep livestock off their property.

The Delaware Code also specifies that the costs of constructing a fence should be shared equally among the landowners who need a fence. When only one neighbor needs a fence, the burden is on the livestock owner to build and maintain the division fence.

Local Delaware Rules on Fences

State fence and property line laws address many of the more general disputes you may have with a neighbor, such as trespass and nuisance. Depending on where you live, there are local zoning ordinances and building codes that affect the type of fence you can build and how you maintain your trees.

Local rules typically focus on fence heights, location, and fencing materials. If you live in a community with a homeowners’ association (HOA), your property may be subject to even further restrictions.

Delaware Spite Fence Law

Although landowners have a right to build a fence around their property, that right is not without limitations. A fence built to solely to harass a neighbor is commonly referred to as a spite fence.

Although Delaware does not have a specific law regarding spite fences, the courts recognize the common law principle prohibiting such constructions. A neighbor who suffers damages because of such a spite fence can request that their neighbor remove the fence and pay them damages.

Damage Caused by a Neighbor's Tree

If a neighbor's tree falls on your garage roof and causes significant property damage, it's normal to think your neighbor would be liable for damages. After all, it was their tree that caused the damage to your property.

That's not the case in Delaware. State law dictates that homeowners are not responsible for any damage their falling trees cause to a neighbor's property. There is an exception for people who know, or should have know, that the limb came from a tree that was diseased, dying, or creating a hazard.

Property Dispute Issues in Delaware? Talk to an Attorney

Disagreements over property rights can worsen when personalities clash. If things are starting to escalate, consider hiring a Delaware real estate attorney to help you with dispute for. An experienced real estate lawyer can help you evaluate your legal options and find a solution. In most instances, they'll offer a free legal evaluation of your case.

Related FindLaw Resources

• Fences and Swimming Pools
• Building a Fence: Don’t Offend Your Neighbors
• Property Line Disputes: 5 Legal FAQs About Trees and Fences