Property Line and Fence Laws in Vermont

Property line and fence laws in Vermont address boundary disputes, fence construction, and responsibilities between neighbors such as “sufficient fences” and “spite” fences.

Constructing a boundary fence should help reduce conflict with your neighbors. However, fences sometimes have the opposite effect. It’s common for neighbors to disagree about the height of a fence, its placement, or the motivation behind building it.

Many states, including Vermont, have passed laws governing issues like boundary fences and encroaching tree branches. This article will discuss these laws and how they impact property boundaries, fences, and the adjoining property.

If you’re currently dealing with a neighbor dispute, consider speaking with a local real estate attorney. They can answer your questions about Vermont’s fence laws and give you options for resolving these issues.

Lawful Fences and Spite Fences

Like most states, Vermont has laws governing boundary lines, fences, and interfering with your neighbor’s property. Vermont’s state laws define what qualifies as a "sufficient fence" and set forth rules about who pays to build fences and who is responsible for maintaining boundary fences.

Vermont statutes specifically prohibit spite fences, which are structures a homeowner builds to annoy their neighbor, obstruct their view, or block their light and air. The state statute regarding spite fences is not particularly strong, calling for a fine of no more than $100 for anyone who erects a spite fence.

Vermont law also requires homeowners to secure the necessary building permits before constructing a fence or other structure that may encroach on their neighbor’s front yard, back yard, or other property.

Vermont Property Line and Fence Laws: Summary

State statutes can be difficult to read and understand. They often contain a lot of legalese and complex terms that lawyers are familiar with, but can be frustrating to everyone else. The following summarizes Vermont’s laws governing property lines, fences, and tree trimming in plain English.

Statutes

• Boundary Fences: 24 V.S.A. 3801; 24 V.S.A. 3802; 24 V.S.A. 3805; 24 V.S.A. 3806
• Spite Fences: 24 V.S.A. 3817

Boundary Fences

• Vermont state law defines a sufficient fence as being 4.5 feet tall, in good repair, and "so constructed as to prevent the escape of sheep"
• Owners or occupants of adjoining lands must make and maintain equal portions of the division fence between their lands
• If neighbors can’t agree on a dividing line between their properties, either party can apply to the fence viewer to resolve the dispute

Spite Fences

• It’s illegal for a Vermont resident to erect an unnecessary fence (spite fence) or other structure to annoy a neighbor, obstruct their view, or deny them light or air
• The state can fine a person up to $100 for violating this statute

Tree Trimming

• Every city in Vermont has a tree warden who oversees the removal of public trees
• Private landowners have the right to self-help by trimming encroaching tree branches up to the property line
• In Vermont, a person commits a civil trespass when they destroy timber growing on another property owner’s land

Having a Boundary Dispute in Vermont? Get Legal Advice From an Attorney

Feuding with a neighbor is never fun. If you’re like most people, you’ll have the same neighbors for years or even decades. You don’t want to destroy any chance of having a positive relationship with them.

Before you seek the help of a local attorney, see if you can resolve your neighbor dispute on your own. If not, consult a Vermont real estate attorney for help. They can answer any legal questions about fences, trees, and property lines in Vermont. Most offer a free legal evaluation.

Related FindLaw Resources

• Fencing Laws and Your Neighbors: FAQs
• Vermont Zoning Law Attorneys
• Easement Basics
• Right-of-Way