Good fences are good neighbors, but how exactly do you build a fence that is known as a “fence for good neighbors”? After all, it’s not just about marking the separation between two properties. Do you and your neighbor have a say in size, style, and color – and should you split the cost evenly?

If you are faced with any of these questions while you are thinking about fencing work, read on.

Does your neighbor have a say in your fence?

Whether your neighbor can weigh himself or not depends largely on where you live Marc Markel by Roberts Markel Weinberg Butler Hailey in Texas. Laws and regulations vary by state: in California, for example, the Good Neighbor Fence Act requires neighbors to share costs equally.

To find your own local regulations, search for “fence permit” online along with your county and / or state. You can also visit statelocalgov.net: click your state and county to go to your local government website. There you will find information on fence permits or a telephone number under “Planning and Zoning” to answer your questions.

Fences can also be regulated by a homeowners association and / or your home’s restrictive contract, which is usually on your title deed, stating how your land can be used.

For example, the height limit for fences is typically 6 feet for back and side fences and 4 feet for front yard fences. Some alliances will specify how repairs and new fences should be handled between neighbors – even if you erect the fence entirely on your own property – while others will not. If there are no set restrictions, it is basically up to you and your neighbor to work this out together, hopefully in a friendly manner.

David Reiss, Professor at Brooklyn Law School, says it’s always best to get your neighbor’s input rather than just moving forward. In the best case scenario, “they can volunteer to share the costs between 50 and 50,” he emphasizes. There may also be aesthetic issues to discuss: “Save money by installing a cheaper front and back fence, or do you spend more money getting a fence that looks good on both sides? “

Your neighbors may have strong feelings about these issues. It’s better to hear them sooner rather than later.

Whose property should you build the fence on?

If your HOA or Restricted Confederation doesn’t state where a new fence needs to be built, Thomas VetterJan Fence’s operations manager in Pequannock, New Jersey, says building your own fence on your own property is always better than negotiating with a neighbor, which can lead to liability issues later. He also warns against letting your neighbors build a fence on your property.

“As soon as something is built on your property, it is your responsibility,” says Vetter. That said, if the fence needs to be repaired later on, even if you didn’t want the fence at all, you may be responsible for it.

Or if you really want to build the fence right on the property line (because your garden is small enough, for example), Markel warns, “You have no right to put a fence there without their consent.” He also warns that most property lines Are not straight and contain bends and curves that may make fence placement even more difficult.

Your best bet is to have a surveyor come out and peg pins into the ground to show where that property line is – and to get your neighbor’s written consent to build there. Have the contract with the fence builder signed by both owners for additional protection.

Who pays for the fence and repairs?

When repairs to fences built on property lines are generally both parties responsible for keeping the fence in good condition and should split the cost evenly. Of course, the neighbors don’t always see at eye level when repairs are required. Some states and HOAs have severe penalties for those who fail to pay their part of the maintenance, but otherwise it’s up to the homeowner to sort this out for themselves.

However, putting a fence entirely on your property means that the cost of building and maintaining it will be borne entirely by you – unless your neighbor in good will wants to contribute. However, that doesn’t mean you can build what you want. Beyond community or HOA rules, a neighbor could make your fence disruptive by a court of law (for example, if you painted a mural on the side facing the house) and you could be punished and / or have to change the fence.

Even if the neighbors aren’t participating in the construction or repair of a fence, Markel recommends informing them of your intentions so that you don’t accidentally put their pets in a fence when removing it or repairing unsecured space, for example. They may also have something on the fence by their side, e.g. B. Grapevines that your actions could damage. And since nobody wants angry neighbors on their door, it’s always best to point them out.

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