Do I need a permit to build a fence in Utah?
You don't need a state permit to build a fence in Utah unless it is over 7 feet tall. However, permits may be required by local regulations, so mak...
Can my neighbor make me pay for a fence in Utah?
The short answer is yes. Your neighbor can make you pay for a fence if the cost is reasonable, the type of fence is commonly found in the area, and...
Can I build an 8-foot fence in Utah?
Yes, you can build an 8-foot fence in Utah—but the fence may not exceed 8 feet in most circumstances. Check your local laws for further specificati...
What materials were used to build fences in Utah?
These early fences were made from whatever materials were on hand, including cedar, juniper, and even wagon wheels. With so many fences in Utah, disputes were inevitable, so the state responded by drafting detailed property line and fence laws.
What is it called when you believe your neighbor is using your land?
This act is known as "encroachment" and it's a form of trespassing. Under Utah law, private land owners have the right to enforce their property rights in court or through private agreements.
What are some examples of state laws that only apply to agricultural land?
Many state laws only apply to agricultural land. An example is the rule of contribution to a boundary fence. Although the law states that neighbors with a boundary fence must each contribute the reasonable cost of fence construction and maintenance, the land must be designated agricultural and used for grazing livestock in order to apply. However, this rule of joint ownership and contribution is often recognized under common law to also cover residential property.
What happens if a fence is too tall?
For example, if your neighbor constructs a fence that is too tall, the local planning agency will likely not request its removal unless a complaint is filed.
What is land use training?
Land Use Training: Informational programs geared toward citizen groups. Training is provided to further the Utah Legislature's desire that citizens be informed about property rights and land use regulation.
How do state laws change?
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law (s) you are researching.
Is there a fence law in Utah?
Since fence and property line law in Utah is a blend of state statutes, court-made common law, and local zoning ordinances and building codes, resolving a dispute can take some serious research. Local rules typically focus on fence heights, location, and building materials. If you live in a community with a homeowner's association, your property may be subject to even further restrictions.
What is fence out in county?
Fence-out, on the other hand, largely pertains to open range lands. In recent decades, most counties have adopted a county ordinance that supports local and county interests such as agriculture needs, ...
What is the proper care of livestock and respect of neighbors property and rights?
The proper care of livestock and respect of neighbors property and rights requires sound judgment, forward thinking and common sense. Each landowner scenario seems unique and different. Many interpret the laws and ordinances differently. With these realities, it’s good to visit with your county Sherriff’s office to ensure your understanding of county ordinances is consistent with the Sherriff, his deputy’s and staff.
What happens if a county does not adopt an ordinance?
If a county chooses not to adopt an ordinance setting its policy, then the State law is used. As stated earlier, the State policy operates on a “fence-in” philosophy. If you own livestock, fence them in. However, there are two exceptions. First, if animals are on open range, and second, if your county has elected to pass an ordinance different ...
Do all counties have the same fencing ordinance?
Not all counties have adopted the same ordinance. As such, it’s important for ranchers and neighbors to understand that fencing ordinances may be different ...
Can you drive someone else's animals onto your land?
If your animals wander on to someone else’s land you may not be responsible . If you drove them onto someone else’s land, you may be. The courts tend to look at the facts of individual cases to determine responsibility, rather than based on the policy expressed in the county ordinance.
What is the office of the property rights Ombudsman in Utah?
The state of Utah's Office of the Property Rights Ombudsman is a non-partisan agency that helps residents understand & protect their property rights, as well as helps to resolve property disputes. The office of the Ombudsman handles disputes between the state & residential property owners, as well as the ones directly between private parties. These such services include:
What happens if a fence is too tall?
So, if your neighbor constructs a fence that is too tall, the local planning agency will likely not enforce its removal unless a complaint is filed.
What is the office of the Ombudsman?
The office of the Ombudsman handles disputes between the state & residential property owners, as well as the ones directly between private parties. These such services include: Advisory Opinions- Property owners, developers, or government agencies can request an Advisory Opinion.
What to do if you are in the midst of a property dispute?
If you are in the midst of a property dispute, it's a good idea to contact an attorney in your area.
What is land use training?
Land Use Training- This is more of an educational option geared towards citizen groups. Training are provided to further the state legislatures goal of having informed citizens over the rights of their property & land.
What is advisory opinion?
Advisory Opinions- Property owners, developers, or government agencies can request an Advisory Opinion. This opinion is given to evalute the facts & reach a conclusion over the legal basis of the existing laws.
Where is the premier fence company?
The premier fence company and fencing contractor in Salt Lake City, Utah.
Where to fence out states?
Generally speaking, you’ll find fence out states in parts of the west where there’s plenty of land and not too many people. Wyoming is a classic example. In 2018, Wyoming had 577,737 people and 1.32 million cows. Contrast that with New York, which has 19.54 million people and 1 million beef and dairy cows. Then think how many people drive cars, and how the more livestock stray onto roads, the more accidents will happen. This population ratio justifies many states’ decision to fence in.
Is a fence considered open range?
Fencing Meets Common Sense. Even in states with lots of open range, anybody with common sense will still see the need for strategically located fences. For example, in Texas, federal and state highways are considered closed range.
Do I Need A Permit to Build A Fence in Utah?
You do not need a state permit in Utah to build a fence on your property. Permits to build or replace fences may be required by local governments. Municipal, county, and other lower-level government units have specific codes on construction projects including fences.
How Tall Can A Privacy Fence Be in Utah?
Standard privacy fences in the state of Utah are between 4 to 6 Feet on average based on local building codes or zoning laws. However, it is important to refer to local fence codes or zoning laws for fence height restrictions in your location.
Can I Replace an Existing Fence Without A Permit?
You cannot replace a fence without a permit where local laws require that landowners obtain permits to build a new fence in Utah. Permits requirements also extend to significant repairs, alterations, demolitions, or relocations. This way, the new fence’s design or specifications (height, materials, etc.) can be assessed and approved by the relevant authorities.
How Do You Know Where the Property Boundary Is?
Look for physical boundary line markers on the edge of your lot to see where the property line is. If they do not exist, you can also check the location of your property line from the drawings contained in your land deed or title.
Can I Put Up A Fence on My Side of The Property Line?
Yes, you are allowed to erect a property line fence in Utah and claim full ownership of the fence. Adjoining landowners who want to utilize the fence or a portion of it will pay you half of the cost of the entire fence or the portion they will be using.
What Is A Spite Fence?
A spite fence is a fence that is an annoyance or undesirable in a way to an adjoining landowner or neighbor. People who erect fences usually do so because they want to inconvenience, annoy, or do not have good relations with their neighbors.
Do I Need to Provide Drawings for A Fence Permit?
You need to provide detailed drawings or fence designs to the relevant authorities for assessment and approval to obtain a building permit. This is to ensure the proposed fence meets local building codes in terms of specification, materials, and positioning.
WHY DO YOU NEED A FENCE?
When you put a fence up, you make sure that people know that one space is distinct from another. When you purchase a property or land, you need to let others know that it is yours. Otherwise, you’ll end up with people trespassing and traipsing from one side of your outdoor space to another! This can prove extremely inconvenient, whether you have a small backyard space (you don’t want people walking over your carefully tended flowerbeds) or acres of land that you use for agricultural purposes (you don’t want people walking their dogs through your crops).
Why do we need fencing around our homes?
We also tend to put fencing around our personal properties for the sake of privacy. Increasing numbers of us are opting to have homes with larger windows – perhaps even French doors or ceiling to floor glass sliding doors. It’s easy for people to see into these, so it’s not all too surprising that we want fencing to provide us with a little privacy. Sure, plenty of glass means our interiors are flooded with natural light and can prove to be more aesthetically pleasing. But it also means people can look in. Fences block their view. They also give us more privacy when we are simply spending time outdoors in our yards.
Is iron fencing decorative?
Sure, we may not look twice at a basic wooden fence coated with a layer of brown varnish. But there are plenty of alternative types of fencing out there that can provide more visual impact. Iron fencing in particular can have decorative features and can be worked into particular shapes and forms. Some fences, such as picket fences, can serve a creative and decorative purpose.
Is fencing a simple task?
Once you have settled on the type of fencing that is best fit for purpose, we will ensure that it is installed properly. So many people out there mistakenly think that fencing is a relatively simple task. Online tutorials make the entire process seem like relatively simple work. But when it comes down to it, installing fences that will stand the test of time – rather than blowing down at the first sign of wind – is actually a pretty complex task.
What if You Don’t Want to Share Boundary Fence Ownership?
Not all neighbors are cordial, and you may not like the idea of co-owning a partition fence. Though it would be somewhat unusual, you could come to an agreement, with one of you assuming full responsibility for the fencing.
What does "use" mean in Utah?
In Utah, the term pertains to an enclosure wherein boundary fencing is constructed around an entire property. In other words, if you enclose your yard with fencing, you will be using the common fence.
Does a fence sit on your property line?
The fence will sit on your shared property line. Does that mean that your neighbor is legally obligated to contribute to the costs? Not necessarily, at least according to Utah law.
Can you be co-owner of a fence in Utah?
Unless the new owner accepts the current agreement, Utah law will deem the two neighbors to be co-owners of the partition fencing.
What are the laws for livestock running at large?
Many states require owners of livestock to secure the livestock on property that they own or lease; however there are some western states that still follow the “open range” doctrine. The “open range” states reverse the duty to fence in livestock and allow livestock to roam in certain remote parts of the state while requiring other landowners to fence off their land if they wish to keep livestock off of their property. States’ Fence Law Statutes provides the statutory text of each state’s fence and livestock running at large statutes, along with the date of its possible expiration. The primary aim of this compilation is to provide the researcher with easy and free access to a state’s statutory language.
What is open range state?
The “open range” states reverse the duty to fence in livestock and allow livestock to roam in certain remote parts of the state while requiring other landowners to fence off their land if they wish to keep livestock off of their property.