Property Line and Fence Laws in Rhode Island

Property line and fence laws in Rhode Island regulate disputes over fence construction, boundary lines, and trees.

Dealing with a property dispute with your neighbor is no picnic. If you’re like most people, you will have the same neighbors for years or decades. The last thing you want to do is sour your relationship with them over a fence or property line.

Unfortunately, many homeowners don’t know what to do regarding a neighbor dispute. Do you try to resolve things over a cup of coffee, or do you call the police? It depends on the situation.

This article explains how the fence laws work in Rhode Island. It also discusses the rules regarding property boundaries and property disputes.

If a fence dispute looks like it may get out of hand, consider speaking with a Rhode Island real estate attorney. We’ve also included links to other helpful FindLaw articles on this and similar topics at the end of this article.

Rhode Island Law and Fences

Every state has specific laws regarding fence construction, including laws on fencing materials and fence design. Rhode Island is no different.

According to Rhode Island General Law, the following rules apply to fences in residential districts:

• Stone walls must be at least four feet tall
• Woven-wire fences must be at least 54 inches high, and you must install posts at least every 16 feet
• Post-and-rail fences must be at least four-and-a-half feet tall and must contain a minimum of four rails
• All other fences, including front yard and side yard fences, must be at least four-and-a-half feet tall
• You cannot construct a barbed-wire fence without the consent of your neighbors

When constructing a new fence, you must also ensure it meets Rhode Island’s setback requirements. Some municipalities in Rhode Island require that you get a building permit for any fence over six feet tall.

Quick Look: Rhode Island Property Line and Fence Law

We’ve summarized Rhode Island laws relevant to property line and fence disputes below for easy access.

State Statutes

• RI Gen Laws § 34-10-1 (lawful fences defined)
• RI Gen Laws § 34-10-17 (settlement of controversies by fence viewer)
• RI Gen Laws § 34-10-9 (fence maintenance)
• RI Gen Laws § 34-20-1 (unauthorized tree cutting)
• RI Gen Laws § 34-10-20 (spite fence)

Boundary by Acquiescence

In Rhode Island, you can prove boundary by acquiescence by showing the following:

• There is a property line dispute between abutting landowners
• The property owners have occupied their respective lots up to a specific boundary
• The parties mutually accept the line as the property boundary
• They have done so for more than 20 years

Rhode Island Fence and Property Line Laws Basics

The cornerstone of Rhode Island’s fence laws is the statute on partition fences. This law says that adjacent homeowners must place partition fences on the dividing line of their adjoining properties. The owners must maintain these fences equally unless the parties agree otherwise. Rhode Island law also provides specific details on how property owners must construct a lawful fence.

Fence Viewers to Resolve Property Line Disputes

If neighbors cannot resolve their fence or property line disputes, they can call in a fence viewer to resolve it for them. A property owner can appeal to the county’s fence viewer to resolve disputes concerning division lines or partition fences.

After giving ten days’ notice to each party, the fence viewer determines the division line and assigns each party their section for maintenance. The viewer can also impose a deadline for the parties to repair their portion of the fence.

The fence viewer will record their decision with the town clerk, and the decision will bind all present and future owners and occupants of the lands.

Trees and Plants Growing Near Your Property Line

Disputes over trees are no easier to resolve than disputes over fences and property lines. Under Rhode Island state law, if a tree (or its trunk) lies within an individual’s property boundary, the individual owns and is responsible for that tree.

If the trunk grows on both properties, the adjoining property owners share ownership and make all decisions about the tree together.

If a neighbor’s tree encroaches on your property, you can trim the branches or roots back to the property line at your own expense. However, if you damage the tree’s health or trim branches on your neighbor’s property without permission, you face a criminal penalty of up to six months in jail.

In extreme situations, you may be able to force a neighbor to trim back dead branches by filing a private nuisance claim. You must prove that their tree branches threaten your property.

Rhode Island Law and Spite Fences

A spite fence is one that a homeowner builds to annoy their neighbor. Under Rhode Island’s spite fence law, property owners may face legal action if the malicious motivation of the fence outweighs the benefits.

The neighbor who suffers an injury from the fence can recover damages and seek to force their neighbor to remove the nuisance fence. To prove that your neighbor installed a spite fence, you must demonstrate the following:

• Your neighbor constructed a fence or other structure, such as a row of trees or other accessory structure
• The fence is more than six feet tall
• Your neighbor maliciously erected the fence or maintained it to annoy you

Disclaimer: State laws frequently change due to new legislation, higher court rulings, etc. FindLaw strives to provide readers with the most current information. However, you should conduct further research or consult a Rhode Island real estate lawyer to confirm your state laws.

Get Professional Legal Help With Your Property Line Issue

Property law is complex, and there isn’t always a right or wrong party. To make matters worse, the longer a dispute goes on, the less flexible people become. When you can’t settle an issue alone, a real estate attorney can help you cut through the emotions and work toward a legal resolution. Consider contacting a Rhode Island real estate attorney experienced in fence and boundary line law if you and your neighbor can’t settle things yourselves.

Related FindLaw Resources

• Zoning Ordinances, Zoning Changes, and Variances
• Land Use and Zoning Boards
• Neighbors: Laws and Disputes