Puerto Rico 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 spite fence law provides that any fence or other structure in the nature of a fence, unnecessarily exceeding ten feet in height, maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property, is a private nuisance.

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.

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.

Can my neighbor make me pay for a fence in California? If a fence is constructed on the boundary line between your property and your neighbor's, California's Good Neighbor Fence Act says that the two neighbors must evenly split the costs of fence construction, maintenance, and eventual replacement.

An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.

Neighboring landowners in California share equal responsibilities for maintaining boundary fences. They are jointly and equally responsible for the costs of building, repairing, and maintaining the fence, regardless of which side of the property line it is located on. This includes front yard fence and the pool fence.

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