Georgia Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half

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Multi-State
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US-00945BG
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Description

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.

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FAQ

If the fence is located in the side or rear yard, the maximum allowed height is 8 feet, unless on a corner lot. When a fence is located in the front yard, the maximum allowed height is 4 feet. A permit is required when the fence/wall is used as a pool barrier on parcels of single family dwellings.

The law focuses more so on the fence installation. If a fence is put up on the property line itself then both parties have to agree to its establishment and whether or not the cost will be split. If you don't want to involve your neighbor, then your best bet is to put the fence a foot or two inside your property line.

The Good Neighbor Fence Act in California establishes the principle of equal responsibility for building, maintaining, and repairing boundary fences between neighboring landowners. It promotes cooperation and fairness by ensuring that costs and responsibilities of fence ownership are shared equally.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

These interior fences can also be called partitions, because they work just like walls do that are indoors, to enclose a space such as a swimming pool or a vegetable garden. Partition fences also help to define space in a more open way, improve property safety, and control views.

Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost.

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Georgia Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half