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.
Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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The law says that owners must share the cost of building a sufficient dividing fence between your properties. This means that if your neighbour wants a fence, but you do not, you are still responsible for sharing the cost of building it.
If you build a fence without a permit, chances are you'll get caught. Most municipalities enforce zoning laws that regulate fence height, materials used and even the style of fence if you live in a historic district. You can apply for a fence permit at your local building and planning office.
If the neighbor is building the fence with the express intention of malice, annoying, or harassing you, this may be what is often termed a spite fence. Your local statutes may allow a court to halt the construction of a spite fence.
2 Answers. A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line.You best option is to ask them to join your new fence to it and get a simple contract to protect yourself. Either that or put up all four sides in your property.
A boundary fence, also called a division fence or partition fence, is a fence that is located on the line between two properties and is used by both owners. Boundary fences are owned by both owners when both use the fence.
Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. You can't make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.
If you and your neighbor are on good terms and you both decide that you would like a fence to separate your properties, the cost should be split equally.In this case, the person building the fence should foot the whole bill unless the neighbor offers to help.
Provided your fence is definitely within your property lines and complies with neighborhood regulations, you may not actually be required to talk to your neighbors about it. Still, it's common courtesy to askand it could save you future legal trouble if it turns out your neighbor wants to dispute your fence.
Ownership of fences The owner of the fence is usually responsible for maintaining the fence. However, this is not always the case. The owner may wish to have the side without the posts the best side facing their garden and erect the fence and the posts entirely within their own garden.