Property Line and Fence Laws in Pennsylvania

Property line and fence laws in Pennsylvania are designed to resolve conflicts among neighbors such as boundary lines, fence construction, or ownership responsibilities for trees.

If good fences make for good neighbors, then a bad fence can be a source of friction. In Pennsylvania, property line disputes are a common source of litigation. Whether it’s a disagreement over the maintenance of a fence or tree branches encroaching on your neighbor’s yard, disputes between neighbors can be difficult to solve.

This article discusses Pennsylvania’s fence laws and how they may impact your property. It also explains Pennsylvania’s "consentable line" rules for determining boundary lines and property rights.

Property owners can often resolve property disputes with a quick conversation. However, there are times when it seems like your neighbor refuses to be reasonable. If you are in this situation, consider contacting a local real estate attorney. We’ve also included several links to helpful FindLaw articles on important topics at the bottom of this page.

Pennsylvania Property Line and Fence Laws: What You Need To Know

It’s hard to imagine that a new fence installation could lead to a neighbor dispute. However, courts often have to resolve disputes over fences, trees, and property lines.

If your neighbor dispute gets out of hand, speaking with either a real estate lawyer or a personal injury attorney for legal advice might be a good idea. Before you do this, however, you should familiarize yourself with Pennsylvania’s laws regarding property lines, fences, and property boundary disputes.

The fence laws in the Commonwealth of Pennsylvania are gathered below. Remember to review your municipal ordinances and county regulations regarding new fences, adverse possession, and tree lines.

An additional consideration – if you live in a community with a homeowners’ association (HOA), consult their bylaws to ensure you aren’t violating any rules. HOA bylaws are frequently more stringent than state and municipal codes.

State Statutes

• Pennsylvania 29 § 42 Property Owners and Improvements to Division Fences
• Pennsylvania 29 § 41 Compelling Payment or Partial Construction for Division Fences
• Pennsylvania 18 §1107 Restitution for Theft of Timber

Establishing Property Boundaries by Recognition and Acquiescence

This principle is similar to the doctrine of consentable lines. Property owners establish property boundaries through recognition and acquiescence by showing the following two things:

• Each party has claimed the land on their side of the line as their own
• The property owners occupy the land for statutory period of 21 years

Establishing Property Lines by Dispute and Compromise

• There was a dispute over the location of a boundary line
• The parties compromise and establish a mutually acceptable property line
• Both parties consent and withdraw any inconsistent claims

Local Fence Regulations

• City of Allentown Fence Ordinances
• City of Greenberg Fence Regulations
• City of Lancaster Fence Regulations
• City of Pittsburgh Fence Regulations
• Philadelphia Fence Regulations

Note: State laws change frequently through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a local real estate attorney or conduct further legal research to verify your state laws.

Fence Law in Pennsylvania

Pennsylvania lawmakers initially passed fence laws to help prevent livestock from wandering and causing property damage. These early fences were known as boundary fences because they marked the line between two properties.

By the early 20th century, lawmakers had struck down many state fence laws. In 1997, the state Superior Court ruled that residential landowners were exempt from sharing boundary fence and maintenance costs.

In 1999, the court exempted residential landowners from sharing boundary fence costs if one of the neighbors neither wanted nor needed the fence. County governments are left to settle boundary disputes and enforce the remaining state fence laws.

Trees Along Property Lines

A tree can mark a boundary line. Boundary trees belong to both neighbors equally, and neither can cut them down without the other neighbor’s consent. Neighbors can trim encroaching tree limbs up to the boundary line. They must obtain permission to go on the neighbor’s property to do so, unless the tree limbs were threatening to cause imminent and grave harm.

If a property owner cuts a neighbor’s tree down completely or destroys the structural integrity or cosmetic symmetry of a tree, they may be found liable for damages.

Pennsylvania’s Doctrine of Consentable Lines

Pennsylvania operates under a system called "Consentable Lines." Under this doctrine, adjacent property owners agree that a specific property line divides their property and maintain this agreement for at least 21 years without interruption. Once the time requirement is met, the agreement can transcend ownership.

Let’s illustrate how this works with an example. Your neighbor wants to put in an above-ground pool and it comes close to crossing your property boundary. Neither of you wants to take the trouble to confirm the legal property boundary lines. Since it’s a part of the yard you rarely use, you tell your neighbor it’s fine to install the pool.

After living in your home for another 25 years, you decide to sell it an move on. The new property owners object to the pool’s location, stating it encroaches on their side of the property line, and demand your former neighbor remove it. The neighbor refuses, pointing to the agreement you made 25 years prior.

Under the doctrine of consentable lines, Pennsylvania law supports your former neighbor. The new homeowner must respect the agreed-upon boundaries.

Spite Fences in Pennsylvania

Sometimes, a property owner builds a fence to harass their neighbor. The law refers to this as a spite fence. Although Pennsylvania doesn’t have a spite fence law, the courts can address these legal issues under nuisance law principles.

To prevail in a nuisance claim, a person must prove all of the following:

• They own the land or have the right to possess it
• The defendant did something to interfere with the plaintiff’s enjoyment and use of their property
• The defendant’s interference was substantial and unreasonable

The court can order the removal of a spite fence. It’s rare, but they can also award damages to the plaintiffs.

Ordinances and Zoning Rules in Pennsylvania

Local governments have a lot of power over how and where you can install a fence. These laws and local ordinances dictate a fence’s height and fence location and setbacks.

It may be lawful to erect a six-foot tall privacy fence in your backyard, but not in your front yard. It’s also worth pointing out that there may be even stricter requirements if you live in a neighborhood with a homeowner’s association (HOA).

Related FindLaw Resources

• Right of Way
• Building Codes and Building Permits – Suing an Enforcement Officer
• Easement Basics

Having Property Line Issues? Get Help From a Pennsylvania Real Estate Attorney

If you have an ongoing property line dispute with your neighbor that won’t get settled, it may be time to hire a real estate attorney. A Pennsylvania real estate lawyer can try to resolve the issue with your neighbor or, if all other avenues for resolution are exhausted, file a lawsuit on your behalf.