Knowledge Builders

can a fence be built on the property line

by Shane Willms Published 3 years ago Updated 2 years ago
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In many cases, you can build the fence directly on a property line that is shared with someone else as long as it is agreed upon. If you shared a property line with a public entity, you may not be able to build directly on the line. You may need to step back the fence.Feb 3, 2022

How close to the property line can a neighbor build a fence?

Your neighbor can build a fence on the property line. Generally, the law states that a fence can be erected 2 – 8 inches from your neighbor’s property. If your neighbor wants to build a fence on or very close to your property line, then there has to be a joint responsibility from both of you.

Can I build a fence on the property line in PA?

Since we’re a fence company located in West Chester, PA, we’re well-acquainted with Pennsylvania fence law, which states that neighbors must share the cost of installation, maintenance, and repair if the fence is built on the property line.

Can you install a fence directly on a shared property line?

Installing a fence directly on a shared property line opens up a new set of complications. For one, it can be awkward to approach a neighbor who you like and propose a fence. It's even more awkward to approach a troublesome neighbor about a fence. Can you bypass these issues by installing the fence just inside of your property?

Can I build a fence in my yard?

Fencing in your yard can be a great way to achieve some lawn privacy, as well as establish where your property ends and your neighbor’s begins. As you may know, there tend to be a lot of rules and restrictions to fence building, no matter where you might live – not to mention neighbor concerns. So, what’s generally allowed and what isn’t?

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How close to the property line can I build a fence?

Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Can I build a fence next to my Neighbours?

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

How close to my property line can I build?

The building distance limit depends on the structure you intend on building. It usually ranges between five to 15 feet. It is important to communicate property boundaries with your neighbor before beginning any permanent or semi-permanent projects, due to the risk of township or county penalties.

What are the fence laws in Michigan?

Fences in residential areas shall not exceed four (4) feet in height and may be constructed of either metal, iron, chain link, wire, ornamental aluminum, vinyl or solid material construction such as wood, brick or masonry, except privacy fences allowed as provided in section 4D.

Do you need Neighbours permission to put up a fence?

You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate where: it would be over 1 metre high and fronting a road used by vehicles (or the footpath of such a road) or over 2 metres high elsewhere.

What is the 7 year boundary rule?

So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.

Who owns the fence between two houses?

When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

How close can I build to my Neighbours boundary?

As a rule of thumb, a build that reaches 7.2 feet is considered acceptable and anything over that we do recommend speaking to your neighbour.

How close to property line can I build a shed?

Here's a quick look at a few. How far should a shed be placed from property lines? You typically can't build a shed within 10 feet of the rear property line and 15 feet from a side property line. There should be sufficient room between your shed and your neighbor's yard.

How close can you build to your property line in Michigan?

16 Mar How Close Can You Build To Property Line In Michigan? To back an building up from an exterior property line, a certain amount is applied based on its location. A setback on each side of the structure is typically between 5 and 10 feet, while on the fronts and backs a setback is generally 10 foot or more.

Do you need a permit to put up a fence in Michigan?

Yes, you'll need to obtain a permit from the Division of Buildings and Safety Engineering to build a fence. The permit application requires that you include a proposed plan showing the type, size, and location of the fence, as well as payment of the permit fee set by your city council.

Do you need a license to install fences in Michigan?

If you put up siding in Michigan, you are required to have a license — but if you build a fence you are exempt. Laying down wood food floors is subject to extra mandates; laying down carpet or vinyl is not. Putting up drywall is no problem, but painting that wall requires a license.

What are the fence laws in Texas?

A landowner has a right to erect a fence or other structure even if it obstructs a neighbor's view, lights, or air. Motive for erecting a fence is typically irrelevant, but property owners can't use their property in a way that constitutes a nuisance.

Do I need a permit to build a fence in Indiana?

Residents/contractors are not required to get a permit to erect a fence, however, not all fences are allowed in all locations. Before you incur the expense of installing a new fence, we suggest that you familiarize yourself with the Indianapolis ordinance on fences (Sec. 744-510).

Can I put a fence on my property line in Pennsylvania?

In Pennsylvania, a fence on the property line is shared between neighbors in PA in terms of cost of installation and maintenance or repair. If your municipality allows you to install a fence on your property line, which is common in more densely populated cities and boroughs, keep this in mind.

How close can a fence be to property line in NC?

(8) On corner lots a ten foot setback from the side street property line is required for fences located in the side and rear yard when those fences are greater than four (4) feet in height.

When installing a fence inside your property line, what should you know?

When you install a fence inside your property line, there are a few things you should be aware of when it comes to property maintenance, ownership, and your neighbors.

What does it mean when you build a fence on your property line?

If you build a fence directly on the property line, it may mean that responsibility is shared by you and your neighbor according to the law. This is great if your wants the fence too and is happy to split the cost, but if they’re not thrilled about it, you could find yourself in a nasty legal dispute. Since we’re a fence company located in West ...

How Close Can I Put A Fence to My Property Line?

Installing a fence directly on top of your property line may appeal to you if you want the maximum area available to play, plant, and relax in your yard. Whether or not doing so is actually a good idea depends on a few factors, including where you live and your neighbor’s feelings on the new fence. In this post, we’ll help you figure out how close you can build your fence to your property line and discuss common concerns related to fence placement and property usage.

What is a prescriptive easement?

Prescriptive Easement. If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. Legally, this is a type of property easement that is earned by regular use of the property. While your neighbor would not gain a legal title to ...

How long does it take to get adverse possession of a property?

If your neighbor happens to pay taxes on that property, the adverse possession can be claimed in as little as five years, although this is very uncommon in a fence scenario! Still, be aware if you install a fence inside your property line that in 10, 20, or 30 years when your home may be sold or transferred, you or the new owners may be surprised ...

What is the best rule for building a fence?

A good rule is to practice fence etiquette and discuss any fence you plan to build with your neighbor, and this is all the more vital if you’re encroaching on a shared property line. If you’ve been having issues with your neighbors over property lines and fence-related disputes, you may be interested in our Fence Wars series: ...

Why is it difficult to move a fence outward?

It also may be an issue if you sell the house and the new owners think the property outside the fence is an issue because they don’t want to pay for unusable land.

What to do if your neighbor is building a fence?

If your neighbor is building the fence, you can ask the court to issue an injunction or order to cease the fence’s construction.

Why is my fence not violating laws?

If your fence doesn’t pose harm to anyone, it will most likely not violate any laws simply because it’s ugly.

Why do fence disputes occur?

Most fence disputes come from not knowing what is permitted by fence laws and regulations within your state and city.

What is spite fence?

According to Washington fence law, spite fences are defined as fences built primarily to annoy or harass a neighbor. In many cases, courts can issue an order (known as injunctions) to halt the construction of a spite fence.

What is a division fence?

When a boundary fence straddles a property line, it’s critical that the fence, also called a division fence, conforms to local ordinances. Since a boundary fence is shared between homeowners, most fence laws and local ordinances stipulate that each owner shares fence maintenance costs and repairs.

How tall is a fence?

Most municipal fence laws require residential fences have a maximum height of four feet for front yards and six feet for backyards.

How to get your neighbor to pay for maintenance?

Write a letter to your neighbor that explains the reason for the repair and requests that they pay their portion of the maintenance costs.

What happens if my neighbor builds a fence on my property?

If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you.

Why is it important to know where the fences are?

This is especially important since it’s possible for neighbors to encroach on adjoining land while building a fence.

What to do if neighbor is trespassing on property?

However, the best thing to do initially is to approach your neighbor directly. They may have encroached on your land unintentionally and may be willing to move the fence.

How to prevent neighbors from claiming your property?

You can prevent your neighbor from eventually being able to claim your land even if they aren’t able to move the fence. All you need to do is to have them sign a rental agreement that gives them permission to use the land for a nominal yearly fee. This prevents your neighbor from showing that their occupation of the land is hostile, which is one of the prerequisites for an adverse possession claim.

How to find out where the boundaries of your property are?

You can find out where the boundaries of your land are by getting a property survey done . This costs about $450 and it’s well worth the money you will spend on it. The fencing company that you hire to erect the fence is required by law to adhere to the zoning regulations in your area. So once you know where the boundaries of your property lie, ...

Can neighbors encroach on your land?

It’s possible that your neighbor has encroached on your land while building a fence. There are certain steps you should take to ensure that you don’t lose the land to an adverse property claim. Fences are more than just a barrier between your house and the outside world.

Can a neighbor legally own a piece of land?

Such a situation can lead to an adverse possession claim, which means that your neighbor can legally acquire the part of your property that they have fenced in. There are a number of different criteria a claim needs to meet in order for ownership of that piece of land to be handed over to the party that has been using it despite not owning it.

Why do you need a fence around your house?

A fence around your property is essential for establishing property lines, keeping your property secure, and upholding your privacy. However, for new resident owners, it can be confusing to install a new fence if you don’t know the rules and regulations of the area. In most cases, your best bet is to hire a professional fence installation expert in the area who is familiar with the local rules. It’s really simple because all you have to do is search “fencing company near me” on Google to find one.

How long does it take to get a property in adverse possession?

If your neighbors continuously use the extra strip of land for a number of years, they may claim legal ownership rights or adverse possession of the property in about 10-30 years. In rare cases, they might be able to claim the land in as little as 5 years if they pay taxes on that piece of land!

Can a fence affect the price of a house?

Most homeowners only become aware of such scenarios when they take steps to sell their property in the future, only to realize that the ownership of their land is not as large as it used to be! Thus, you should always remember that your fence can affect the prices when you want to sell your house in the future.

Can you get entangled in a legal dispute with neighbors?

However, you can get entangled in a nasty legal dispute if they are not thrilled about the idea. So, always be sure to discuss the idea with your neighbors before you make up your mind and build the fence.

Can you build a fence on the property line?

However, in an overcrowded urban location where every inch matters, you may be permitted to build your fence right on the property line.

What type of fences are not allowed in most cities?

Two types of fences tend not to be allowed by most cities: barbed wire and electrified fences. Beyond that, your neighbor is allowed to build that chainlink, vinyl or concrete block wall.

What happens if you abandon a boundary line fence?

Consider too that if you abandon the boundary line fence, your neighbor may eventually legally gain that thin strip of land through adverse possession after a substantial period of time.

How high should a fence be?

Fence Height Rules. Often, 6 feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. In the front yard. When traffic sight distances are impaired. In the case of the exceptions noted above, the fence can be no higher than 3 1/2 to 4 feet.

Why is it important to have a fence in your backyard?

Fences are essential to protecting privacy in your backyard, keeping pets safely in, and establishing property lines. Few people today question that a good fence is essential to a newly built or remodeled home. Gone are the days of vast, interconnected backyards.

How long does it take to notify neighbors of a fence?

One example of this is California's Good Neighbor Fence Law. It requires 30 days' advance written notice, along with details about the proposed building, maintenance cost, timeline, and design. Whatever you do, it is always good etiquette to speak to your neighbor first.

What are the common themes of fences?

While fence-related laws, regulations, and zoning are different from one area to the next, there are a few common themes: notification, expenses, position and placement, and fence height and type.

What is state level fence law?

In many areas, state-level fence law dates back centuries and mainly addresses issues of grazing animals. Beyond the general edict that fence costs must be shared, details are left open-ended.

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