Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.
Delaware Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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How to fill out Agreement By Adjacent Landowners To Construct A Partition Fence With Each Party To Construct One-Half?
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FAQ
Is a building permit required and who needs to obtain it? Some home improvement projects do not require a building permit, such as most fences and patios, sidewalks, siding, and sheds of 200 square feet or less. Please review a detailed list of when a permit is or is not required.
Swimming pool fences are a necessary and legal requirement throughout the three counties in Delaware. Although the state does not have specific laws for residential pools each county does.
Fences, Walls & Signs - Residential setback is 3 ½ ft.
All construction in Sussex County, whether new, remodeling or additions, requires a Sussex County issued building permit. County permits are required for all construction activity regardless of whether in a municipality or the unincorporated areas of the county.
Lawful fences; height; barbed wire. A good fence of wood, iron, wood and iron rods or wire, stone, or well set thorn, 41/2 feet high or 4 feet high and having a ditch within 2 feet of it, shall be deemed a lawful fence in New Castle and Kent Counties, and in Sussex County 4 feet shall be the height of lawful fences.
Therefore, based on the property fence laws in Delaware you can erect the fence as long as the fence is at least 2 inches from the property line. Local zoning ordinances regarding fence appearance, location, construction material, and height are the only guidelines that can be restricted.
