Fences

Post date: Jul 29, 2016 8:39:1 PM

HEIGHT LIMIT

Typically, most fencing laws limit the height of fences in residential areas to four (4) feet in the front yard and six (6) feet in the backyard.  Local ordinances may vary and subdivision rules that regulate fencing may be called Covenants, Conditions, and Restrictions (CC&Rs).

MAINTENANCE & REPAIR

Boundary fences sit on the boundary line between two (2) properties.  

• These boundary fences are "owned" by both property owners if both property owners "use" it.  Every state may interpret that "use" term differently.  

• Most state laws or local ordinances place the responsibility on the owners that benefit from the fence, so both parties would be responsible for maintenance and repair.  If one party refuse to cooperate:

  • Write a letter to the neighbor explaining the problem with the fence.

  • Have the repair work performed. Then write a demand letter requesting payment from the neighbor.

  • Go to mediation.

  • If state or local laws provide a provision, request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable.

  • Sue the neighbor for reimbursement.

  • If a property owner builds a boundary fence, then they solely own it and are responsible for it, UNLESS the other property owner decides to use it.  

    • Once the other property owner starts using the fence, co-ownership exists and state law can require the other property owner to pay the original fence owner half of the fence's value.

Full source article is on Find Law, and their PDF is attached.