How To Avoid a Fence Dispute in My State: FAQs

Fences can be a good thing for neighborly relations. If you live in a residential area, a fence can identify property boundaries and act as a backdrop to landscaping. Fences also keep outdoor pets and kids safe while keeping wanderers out. If you live in a more rural area, a landowner’s fence can provide boundary markers, as well as protect and contain free-range livestock.  

When you have a boundary fence that runs along the boundary between your property and your neighbor, there are state laws and local regulations that allocate responsibility and define what’s permitted. Your homeowner association (HOA) may also have fence rules for maximum height limits, colors, and other setbacks.

With fencing issues, it’s best to take a proactive approach. Let your neighbor know in advance if you have fence plans impacting them.

Below are frequently asked questions about how to handle or avoid a fense dispute with neighbors. Contact a local real estate lawyer for legal advice about fence laws.  

What Causes Fence Disputes?

“It’s always the same issue: Your fence has encroached on my property,” says Mary C. Anderson, who practices real estate and personal injury law at Guidance to Justice Law Firm in Bothell, Washington.

“We get calls saying, ‘Hey, my neighbor put a fence up, and I believe this person has encroached on our property. What can we do about that?’ Or: ‘We got a survey done, and it appears this fence is located on my property. What can we do?’”

Anderson says people get understandably emotional when it comes to protecting their property. “Everyone does,” she says. “In their minds, they’re thinking, who’s this person encroaching on my property when I’m paying the property taxes on it?”

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Who Pays for a Partition Fence?

Where a fence is on the property line between your own property and your neighbor’s, both property owners generally share expenses for a new fence installation and fence maintenance.

If a real estate legal dispute arises, the property owner who pays for the fence project can sue the non-paying homeowner for reimbursement for their half of the fence costs. Some states have official fence viewers, which refers to local government administrators tasked with resolving boundary fence disputes.

What if My Neighbor Doesn’t Repair Damage to Their Side of the Fence?

You can bring an action against your neighbor to compel them to repair a shared fence, or you may make needed repairs yourself and bring an action against your neighbor to pay for it.

However, don’t go onto the adjoining landowner’s property without permission.

Can I Take Down an Existing Fence?

If you and your neighbor agree to remove an existing fence, you may take it down and split the costs. In many states, you must inform your neighbor in writing in advance if you want to remove all or part of a boundary-line fence.

If your neighbor objects to the removal of the fence, they have the option of paying you for the cost of the fence at a rate you both agree to.

Who Is Responsible for Gates?

Gate access can depend on whether there is a property easement to grant passage from one side to the other. Generally, both property owners are responsible for keeping the gate closed and not allowing pets or children to get out.

If any damage occurs because of leaving the gate open, the person at fault may be liable for damages.

What if My Neighbor’s Tree Hangs Over the Fence Onto My Side?

If the tree trunk is entirely on your neighbor’s property, it’s their tree. However, responsibility for trimming branches and preventing hazards is determined by which side of the property line the branches are on.

If branches overhang the fence onto your side, you are free to trim them back as far as the fence, no more, and you can’t cut anything so drastically that it would cause harm to the tree.

What Happens if a Fence Is Built on the Wrong Side of a Property Line?

If you build a fence inadvertently (in good faith) on your neighbor’s side of the boundary, or if an existing fence is over the line, you may need to take the fence down and move it to the proper boundary. These laws can vary by jurisdiction and local fence laws. Talk to an attorney about legal issues involving a fence on the wrong side of the property line.

The best advice, Anderson says, is to always have a survey done before you buy property so that you know exactly where your property boundaries are. But if you haven’t done that and find yourself in a dispute over land, it’s time to get a survey.

Are There Other Rules Relating to Fences I Should Know About?

Most cities and municipalities have their own local rules. For example, some cities require homeowners to get a building permit if their fence is higher than the local height restrictions. HOA rules may also determine the type of material or fence you can use (like prohibiting chain-link fences).

When fencing issues arise, it’s always best to take a proactive, communicative approach. Let your neighbors know well in advance if you have fence ideas that will affect them and seek their input. 

Can I Sue My Neighbor Over a Fence Issue?

The best option to resolve real estate disputes, Anderson says, is to have a conversation with your neighbor. “Hopefully, they can work it out,” says Anderson.

“A lot of these property disputes are based on principle. These neighbors are just so fed up with each other. So they’re paying out all this money when it may benefit both parties just to sit back and relax and see if we can have a calm discussion.”

Talk to an experienced real estate attorney about local ordinances, fence height, or land use. An attorney can help you identify a boundary line and partition fences. If you need advice on handling a neighbor dispute, talk to a local real estate lawyer.