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A lawful fence is ?a fence with not less than four boards per 4 feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than 12 feet apart with no stay, or a fence of four barbed wires supported by posts not more than 15 feet apart ...
When a division fence exists by agreement, each party shall keep a lawful fence on his/her portion of the line. If a party fails to keep a lawful fence, then they are liable for all damages to trees, crops, livestock, etc. to the other party that occurs from trespassing livestock over the division 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.
Pennsylvania has many laws that are unique to the state. One that affects the lives of many people is the PA Fence Law. Title 29, Purdon's Statutes, Section 41 dictates that any structure that divides two owners of adjacent properties must share equal responsibility bearing the cost.
Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.
You probably need a permit if your fence will be: Taller than 6 feet. Made of heavy material, like masonry or concrete. Located directly along a street front.
There should be at least a 3-ft gap between your house to the property line and the same goes for your neighbor. Suppose you decide to build the fence right on the 3-ft mark, your neighbor may file a civil case against you.
There is no specific law in PA that makes spite fences illegal, but it can still be pursued under a nuisance law such as you have already began.