Property Line and Fence Laws in Hawaii

Property line and fence laws in Hawaii govern boundaries, fence regulations, and the construction and maintenance of fences to address responsibilities between neighbors.

Even in the laid-back state of Hawaii, disputes over property boundaries still occur. Like other states, most of Hawaii’s fence and boundary line laws focus on agricultural boundaries and controlling wandering livestock. In residential areas, neighbors must handle legal issues between themselves.

City and county laws address fences and property line matters on private property within municipalities. When neighbors have issues about fence line encroachment, maintaining shared fences, and tree limbs in their property, city ordinances usually help resolve these legal questions.

Hawaii Fence Laws

Hawaii Revised Statutes define a “lawful fence” in agricultural and residential property as any fence not less than four feet in height. Any fence made of suitable materials and capable of turning all stock is a legal fence. The ocean, impassable rivers and ponds, and vertical cliff faces are also legal fences.

This rule applies to agricultural land and any property not covered by city or county building codes. Within cities and unincorporated residential and commercial areas, residents should consult the local building ordinances for guidance on property line laws.

Cities may restrict fence heights and materials. For example, fences over six feet tall and retaining walls over 30 inches tall in Honolulu require building permits. Barbed wire and razor wire is not allowed as part of residential fencing.

Hawaii follows common law and case law regarding shared boundary fences. Neighbors must share the cost of maintenance of shared fences and cannot alter or remove such fences without both neighbors’ consent.

Encroachment Issues

“Encroachment” means a fence or structure on your side of the property line has moved onto the neighbor’s side of the line. Many older neighborhoods in Hawaii have encroachment problems, either because the land survey was incorrect or because Hawaii’s volcanic land has shifted underneath the property.

To avoid legal issues, Hawaii lawmakers created the de minimis law. The de minimis law recognizes that small incursions onto the neighbor’s property occasionally happen and are not sufficient for:

• An encroachment lawsuit
• A zoning violation or citation
• An adverse possession claim

If the encroachment is due to a building or the repair of an existing structure, the property owner who built the structure is responsible for the encroachment. For instance, if you rebuilt a section of fence and misjudged the property line when doing so, you are the one liable for any changes of the encroaching section.

Resolving Encroachment Issues

Hawaii law provides the maximum distance a structure or fence can impinge onto the neighbor’s property under the de minimis law.

• For commercial, industrial, and multi-unit residential property - 0.25 feet (three inches)
• For all other residential property - 0.5 feet (six inches)
• For agricultural and rural property - 0.75 feet (nine inches)
• For conservation property - 1.5 feet (18 inches)

If your fence repair protrudes five inches into the neighbor’s property, it's considered a de minimis intrusion. Your neighbor has no grounds for complaint, and you have no claim for adverse possession of the sliver of property within your fence.

For more serious fence intrusions, Hawaii real estate attorneys and realtors recommend considering the following:

• Get a new land survey: Before taking any action, always be sure that the property line is where you and your neighbor think it is
• Discuss the matter with your neighbor: Since there are few laws other than building codes and land use laws, a conversation with your neighbor may help better than legal action
• Consider an encroachment agreement: An encroachment agreement is a type of easement that works as a property right granting access to another person’s property with their permission and the understanding you must maintain the structure at your own cost

Tree Trimming and Fallen Fruit

Hawaii does not have a law addressing homeowners’ right to trim tree branches that extend onto their property. Hawaii courts generally allow homeowners to trim branches and roots that extend into their yards up to the property line. You cannot enter your neighbor’s property to cut back offending tree limbs, and cannot kill the tree by your activities.

Hawaii has an unofficial policy called the “Hawaii Rule.” Not encoded into state law or confirmed by Hawaii’s Supreme Court, it's understood that if your neighbor’s tree happens to drop fruit into your yard, you may do as you please with it.

Local Fence Regulations

• City of Honolulu Fence code
• County of Hawaii (including Hilo) Permit information

Get Legal Advice From a Hawaii Real Estate Attorney

Property line disputes can happen between any two neighboring landowners. Waiting until they become legal issues requiring lawsuits and court battles is probably not the best option. If you have an encroachment problem or a nuisance fence issue, contact a Hawaii real estate attorney for help resolving the problem.