Avoiding a Fence Dispute in Minnesota

Fences can be a good thing for neighborly relations. In urban areas, they delineate your back or front yard, provide a landscaping backdrop, keep pets and kids safe, and keep wanderers out. In rural areas, fencing can mark the location of a boundary, protect part of the land, and contain free-range livestock. 

When you have a fence that runs along the boundary lines between your land and adjoining property, Minnesota fence laws allocate responsibility and define what’s permitted. Where fencing issues are concerned, it’s always best to take a proactive, communicative approach, letting your neighbors know well in advance if you have new fence ideas that will affect them. 

Here are some general Minnesota fence rules to keep in mind.

Who Pays for a Partition Fence?

When a fence is on the property line between you and adjoining landowners (a “partition fence”), Minnesota statutes say that expenses should be shared for installation and repair costs. If a dispute arises, the party who pays for the fence is entitled to recover half of their costs from the non-paying homeowner.

What Is a Fence Viewer?

A fence viewer is the title of the official charged with overseeing and deciding fence disputes. The term derives from early New England law, where disputes arose regarding livestock roaming onto neighboring property. In modern times, a fence viewer is a city or county commissioner or other local administrator who hears, assesses, and decides boundary fence disputes. You may have to pay a modest fee to the fence viewer for their services.

What Is the Effect of a Fence Viewer’s Order?

When a fence viewer has made a decision in a boundary dispute assessing a cost allocation between the parties, the failure of a party to comply with a fence viewer’s order is subject to recovery by the other party of double the amount owed.

Are There Any Exceptions to Minnesota’s Partition Fence Rules?

Neighbors are permitted to make arrangements they both agree to regarding fence construction or cost allocation that differ from the division set by the state. These agreements must be written and filed with the county recorder. In addition, localities may also adopt their own ordinances and partition fence policies.

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

If the tree trunk is entirely on your neighbor’s property, they own the tree. However, responsibility for trimming branches and preventing hazards is determined by which side of the property line the branches are on.  If branches hang over the fence onto your side, you are free to trim them back as far as the fence line, but no further, and you can’t cut anything so drastically that would cause harm to the tree.

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

Most cities and municipalities have their own local rules. For example, St. Paul requires that you get a variance for residential fences that exceed height requirements. In Minneapolis, fences can be up to 4 feet tall in the front yard and up to 6 feet in the back yard. There may be additional restrictions that apply to your specific community.

Find Experienced Legal Help

If you need advice on handling a property line dispute, talk to a real estate lawyer in your area. For more information on this area, check out our overview of real estate laws.