North Carolina 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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Word; 
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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

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.

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.

Spite fences are fences constructed purely to annoy a neighbor. They're usually tall, ugly, or both. Spite fences are typically made of metal or wood, but they can also be made up of trees or shrubs.

No-fences do not have a setback requirement. You can place a fence anywhere on your property, with the exception of any easements and/or rights of way. You are advised to stay at least six (6) inches off of your property line to avoid any civil disputes with your neighbor(s).

If you are planning to add or move a fence, or replace 50% or more of an existing fence at your residential property, you must first obtain permits from the City before beginning construction. A zoning permit is required when a fence is installed on any property.

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.

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.

Spite Fence Rules A fence that serves no beneficial use to an owner and erected only to annoy a neighbor can be considered a nuisance. North Carolina courts have found a fence to be a "spite fence" if it blocks a neighbor's air and light without serving any legitimate purpose.

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