Avoiding a Legal Dispute Over Your Fence

As the old saying goes, “Good fences make good neighbors.” Fences surrounding your yard or swimming pool can provide greater privacy, safety, and beauty. However, improperly installed boundary fences can create costly legal headaches for property owners. While a fence may seem like a simple construction project, several considerations should be made before digging that first post hole.

While some issues might require you to spend some time and resources to investigate them fully, the costs associated with building an illegal fence can run much higher. It is far easier to think twice about whether to erect a fence — and where to do it — than to tear down or move one you’ve already built.

Determine Where Your Property Line Is Located

If you’re considering building a boundary line fence to separate your property from adjacent private or public properties, you should seriously consider having your property line surveyed.

An improperly placed division fence is a surefire way to start a neighborly dispute. If your fence encroaches upon neighboring property or an adjacent landowner, they can file a lawsuit against you. They can obtain a court order requiring you to remove the fence at your expense, as well as repair any damage that the fence may have caused to their property.

Check for HOA and/or Municipal Fence Rules

You should check with your municipality or homeowners association (HOA) to determine if they have any particular restrictions on the type of fence or maximum height of the fence you can erect. For example, some homeowner associations will only allow fences of a certain color or beneath a particular height. Failure to comply with these restrictions can result in an order for you to tear down the fence and erect one that complies with the HOA’s regulations.

Check if You Can Put Up a Fence Without a Permit

Some local municipalities may require a building permit before building a fence. Constructing a fence without the requisite permit application or zoning can result in an order from the local zoning officer or other local government official to tear it down.

When You May Need Legal Help

In most situations, you may not need the advice or assistance of an attorney to complete your fencing project. Fence laws and ordinances affecting your project can often be easily obtained from relevant authorities, such as the municipal government or homeowner association.

If your fencing project causes a property dispute between you and an adjacent landowner over the precise location of the boundary line, however, you may find it beneficial to consult a real estate attorney. They can help you resolve disputes and provide legal advice about building codes, zoning permits, and spite fences in an efficient manner so that you can proceed with your project.

For more information on this area, check out our overview of real estate laws.