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

State:
Multi-State
Control #:
US-00945BG
Format:
Word; 
Rich Text
Instant download

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

The first and most basic of Pennsylvania's fence laws is the one aptly named Fence Law. It dictates that homeowners can build fences on their property as long as it's on their property or on the charted property line.

In Pennsylvania, a fence on the property line is shared between neighbors in PA in terms of cost of installation and maintenance or repair. If your municipality allows you to a fence on your property line, which is common in more densely populated cities and boroughs, keep this in mind.

This doctrine holds that when adjoining landowners, by mistake or compromise, have established a mutually respected boundary (differing from that in their deeds) over a 21-year period, that established boundary becomes the new property line.

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.

Spite Fences in Pennsylvania Sometime a fence is built for no other purpose than to harass a neighbor. This is commonly referred to as a spite fence. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles.

In general, if you are building a fence that is 6 ft or shorter, you will just need the zoning permit. But if you are building a fence that is taller than 6 feet, you would need both a zoning permit and a building permit.

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.

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