Typically, fences are installed anywhere from 2 to 8 inches from a property line, and some areas may allow the fence to go right up to a property line, especially in urban areas where space is tight.
Maintaining Distance from the Property Line
This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.
Your fence can be placed up to, but not on or over your property line.
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclosing] his or her ground, he or she shall ...
The law says you must notify your neighbor with a written notice 30 days in advance of the project. The notice must include a description of the proposed fence, a proposed division of costs, a proposed timeline for the project and an invitation to discuss the project.
The simple answer is: yes, as long as you receive their express permission.
The 7 Year Boundary Rule is a legal principle that states that if a property owner has been using a piece of land as their own for at least 7 years, they may be entitled to claim ownership of that land.
The short answer is no, Washington State does not have a “7-year fence law.” What we do have are adverse possession laws, which are governed by RCW 7.28. 050. Under these laws, the period typically required for someone to claim adverse possession of a piece of property is 10 years—not 7 years.
Make Sure Your Neighbors Get the Good Side of the Fence
A common courtesy is to share the good side with your neighbor. It is important to note that any fence visible from the street should have a smooth side facing out toward the street. Many, if not most, HOAs require this.
As a general rule, each of the adjoining owners must pay half the cost of repairs unless the adjoining owners agree to an alternative arrangement or the court rules differently. The Dividing Fences Act 1961, provides for specific situations when one owner who is 'at fault' pays the whole cost.
Laws vary from state to state, however, in most, if not all, states, it is possible for a trespasser to assume ownership of property, by exerting some sort of control over the land. Mowing or weeding the property on a regular basis could qualify, if your neighbor is the only one doing so.
Erecting or adding to a fence, gate or wall
If your property is a house you must apply for householder planning permission. That is if any of the below apply: it would be over 1m high and next to a highway used by vehicles. Or be over 2m high and sited elsewhere, such as a back garden.
In the unincorporated Los Angeles County area, a freestanding fence or block wall may be constructed up to a height of six (6?) feet without a permit. However, if the wall is to retain any soil, a permit may be necessary.
It depends on the circumstance, but generally speaking, you cannot remove your neighbor's fence without their permission, as it is on their property. If the fence is in bad shape or you don't like the design, you can offer to replace it for them if they are open to the idea.
If you own the fence, your neighbour cannot attach anything to it without your permission. Whether that be hooks, screws or fairy lights, anything that goes on your fence should be given the all clear from you first.
The two-metre rule for fence height
This limit is for fences without planning permission. Fences exceeding two metres require local authority approval. Exceptions exist for front garden fences. Here, the height limit is one metre, unless planning permission is granted.
Consent and Communication
When it comes to altering or making changes to a shared or boundary fence, it is essential to have open communication and obtain mutual consent from your neighbor. Generally, both neighbors should agree on any modifications to the fence, including painting it.
Understanding Fence Etiquette
A common practice is ensuring the 'good side' faces outwards towards the neighbour or street. This tradition reflects a gesture of goodwill and consideration for the visual appeal of shared spaces. By doing so, homeowners show they value their neighbour's view as much as their own.
As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.
In Washington State, the laws regarding boundary fences, also known as partition fences, are fair and ensure equal treatment for property owners. The key principle is shared responsibility, where neighbors are expected to share the cost and maintenance of a practical fence that serves purposes like privacy or security.
Generally, a property owner has the right to self-help with respect to a tree that has encroached over the boundary line onto his or her property. Specifically, this may include trimming back tree branches, or engaging in root removal of the areas that have passed the boundary line.
CALIFORNIA GOOD NEIGHBOR FENCE LAW
This is thanks to Civil Code 841, otherwise known as the Good Neighbor Fence Law. According to 841, both parties are assumed to equally benefit from the shared fence. Therefore, both have equal responsibility for fence maintenance, construction, and replacement costs.
If you share a boundary with a neighbor, you must adhere to the California Good Neighbor Fence Law. This law requires shared responsibility for the reasonable costs of construction, maintenance, or necessary replacement of the fence.
Yes, you can put a fence in front of your neighbour's fence, but there are several factors to consider before doing so. First, it's crucial to check local regulations and property lines to ensure you're within your legal rights.
It's similar to looking in someone's window. It's not illegal to look over the fence. And, it's legal to take pictures. But you must be on your side of the fence and not have anything over the boundary.