The Unbreakable Rules for Sharing a Fence With a Neighbor
If you own your home, it keeps track of everything on your property that belongs to you. But as you get closer to the boundaries of your property, space becomes increasingly limited: if there is a fence separating your property from your neighbor’s, it is a shared property, even if technically it belongs to just one of you. After all, a fence defines both private property and you both benefit from it.
This is why it is vital to practice good fence etiquette. A fence can literally form an edge where two lives rub against each other, and can become a source of friction if you’re not careful. And since fencing ownership and rights can be uncertain and complex, it is in everyone’s best interest to follow a few simple rules to prevent minor fencing disputes from developing into major problems.
Know the facts about who owns the fence
The rule of fencing etiquette is to always know what you are talking about. This starts with knowing your property lines : If the fence was already installed when you bought the house, you probably have no idea whether it’s on your property, your neighbor’s property, or on the line itself. If it is entirely on your property, it is your fence, and vice versa. If it’s literally on a border line , it’s a border fence , and your area may have special laws governing how it’s treated. If you’re unsure of your property’s boundaries, you may need to have a land survey done to establish them, which can cost between $400 and $750 . It can also be useful in determining your responsibilities regarding things that hang over the fence, such as tree branches that encroach on the airspace of your property.
Another thing to consider when examining your property boundaries is the possibility of ” adverse possession .” If the fence in question was built over a property line, giving your neighbor, for example, control over some part of your property, it ‘s possible that they could end up laying claim to that piece of your land – essentially moving the property line to match the fence’s location . hedge It’s unlikely that your neighbor is involved in a slow and devious plan to steal part of your land, and adverse possession is not easy to establish (your neighbor would have to control that piece of your property for quite a long time to make a claim, anywhere from seven to 20 years, at depending on your location), but it’s worth checking. If you find that a fence gives your neighbor control over part of your property (or vice versa), it was likely an honest mistake, but it is in your best interest to correct it.
Most local governments have specific requirements for the height, style, and other aspects of fences, and if you have a homeowners association (HOA), you should also check to see if they have any rules regarding fencing. You want to know everything to avoid unintentionally breaking the law or offending a neighbor.
Finally, if you’re building a new fence, you’ll need to know whether your neighbors enjoy so-called ” prescriptive easements ” on your property. An example of an easement is when a neighbor has to drive through a small portion of your private property to get to his property. If they’ve had this access for a long time, the law may recognize it as a right, and you could be in trouble if you suddenly cut off that access (not to mention becoming your neighbor’s enemy). Again, you need to be aware of this before making any fence-related decisions.
Follow fence etiquette.
Once you’re armed with the facts about your fence, property boundaries, and local requirements, you’ll be ready to talk to your neighbor about the fence. Here are the general rules of fence etiquette that will help you avoid all-out war with your neighbors:
Respect property lines
Knowing where your property ends and your neighbors’ property begins is one thing, but respecting those boundaries is another. Don’t let your fence spill over into your neighbor’s property just to avoid rocky mud or to save a few dollars on installation costs without discussing it with your neighbor and getting permission.
Talk before you change anything
Many local governments require you to warn neighbors before installing or replacing a fence, but you must do so even if there is no such law in your area.
Avoid unilateral decisions
Even if the fence is entirely on your property and therefore your property, always discuss changes with your neighbors before doing anything to the fence. They don’t own it, but they would appreciate the opportunity to let you know about any unintended consequences your plans may have on them.
Respect the style of the area
When building or replacing a fence, your HOA can have a lot to say about the style and material. Your local government can have a lot to say about growth and other requirements. But you should also ensure that your fence matches the appearance of the area. Yes, it is your property and you can do with it as you wish (within reason), but fences are strangely common parts of your property. The polite thing to do is to mix yours with the others.
Install with the good side facing out.
Many fences have “finished” and “unfinished” sides. The unfinished side has bracing and supports, the finished “good” side looks nice and clean. The good side should always be towards your neighbor . Alternatively, you can find fences that are finished on both sides (sometimes called “good neighbor” fences) to avoid this problem altogether. While this means you won’t have control over what happens to the “good” side of the fence, it is a simple courtesy and will help avoid hostility.
Don’t insist on sharing costs
Laws regarding maintenance and fencing costs vary widely across the country and are often a bit vague and difficult to enforce. If you think your neighbor should pay for some of the fence repair or replacement, you should discuss the topic, but keep in mind that you probably won’t be able to get him to pay much. If they refuse, your best bet is to just walk away.
Compromise
If your neighbor is willing to share part of the cost of building the fence with you, he must vote on how the work will be done. If you disagree on the style, material, or other aspect of the fence, try to find a compromise that works for both of you.