What happens if my fence is two feet inside my property line?

– Legal Answers – Avvo If my fence is two feet inside my property line, does my neighbor acquire a right to the two feet on his side of the fence? We bought a house and later discovered that fence built by the previous owner was actually a couple of feet inside his own (now our) property.

Can a neighbor put a fence on your property?

Legally, this is a type of property easement that is earned by regular use of the property. While your neighbor would not gain a legal title to the land or be able to sell it, they may be able to claim a legal right to use the property.

Can you put a fence on your property line in PA?

Since we’re a fence company located in West Chester, PA, we’re well-acquainted with Pennsylvania fence law, which states that neighbors must share the cost of installation, maintenance, and repair if the fence is built on the property line.

How big of a fence do I need on my property?

Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Can a neighbor build over your property line?

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Must the encroachment over the boundary line be removed or may it legally remain in place? That, my friends, is the question.

How tall of a fence can you build on your own property?

They are allowed to do this. In most cases, a fence on your own property that is close to the boundary line is still subject to fence laws. Most courts would recognize that you are flouting the law if you build a 20-foot high fence just inches (or even a few feet) from the boundary line.

What should I do if my neighbor wants to build a fence?

If you plan on building or remodeling the fence, you should be familiar with your plat or property survey as to not infringe on your neighbor’s property line. Additionally, communicate with your neighbor about your plans.

When is a fence a nuisance to a neighbor?

Most of these laws create the presumption that a fence is a nuisance to a neighbor when it is useless, when it is constructed to annoy a neighbor, and when it exceeds spite fence height limitations. Under these statutes, the neighbor may sue for its removal. My neighbor’s fence violates a local ordinance.

How tall of a fence can I put in my yard?

Most fencing laws limit the height of artificial fences in residential areas to four feet in front yards and six feet in backyards. Local ordinances set by cities and counties, and sometimes subdivision rules called Covenants, Conditions, and Restrictions (CC&Rs), regulate fencing.

What’s the best way to build a fence?

A good rule is to practice fence etiquette and discuss any fence you plan to build with your neighbor, and this is all the more vital if you’re encroaching on a shared property line. If you’ve been having issues with your neighbors over property lines and fence-related disputes, you may be interested in our Fence Wars series:

How big should a gap be between my fence and my Neighbor’s fence?

According to IRC as listed here the key seems to be 4″. That is, unfortunately, exactly the size of the gap between the property line and your neighbor’s fence. But since you do not need to have a complete barrier – i.e., anything less than 4″ is OK, I would add a board to your fence to narrow the gap to 3.5″.

Do you have to have the same fence as your neighbor?

It’s common courtesy in fence etiquette to give your neighbor’s the good side of the fence. This is also standard practice, and your fence would look backward if you faced it the other way. There are also “good neighbor” fences you can purchase, which are fences that look the same on both sides.

How can I Stop my Neighbor from building a fence over my property?

So, if in 20 years, your neighbors run to court to claim adverse possession, you’ll be able to defeat their claim by introducing evidence of the rental agreement and annual payments. This shows that they cannot meet the hostility requirement to gain title.

Can a property owner claim adverse possession of a fence line?

Second, the legal elements of adverse possession will not be present if it can be shown that a fence was not installed on the property line but was allowed to remain in place as a matter of “neighborly accommodation” between landowners.

How can I put a fence to my property line?

The Fence Authority provides professional fence installation services as well as materials for building your own fence, and our Outdoor Living Experts will go above and beyond to ensure all your property line questions get answered. call 800-431-4303 or contact us online!

Can a fence be built on a neighbor’s property line?

As a general rule, laws typically state that a fence must be built at least 2 – 8 inches from a neighbor’s property line. A fence built directly on a property line may result in a joint responsibility of the fence between the neighbors, including maintenance and costs.

Can a deed say that a fence is the property line?

If the subject deed contains such language as “thence with a fence”, “along a fence” or “following a fence” then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance.

What do you need to know about neighbor’s fence?

Before proceeding, you need to know the exact location of the property line. In some instances, unambiguous markers from an earlier survey establish that. In most cases, you’ll need to hire a legally registered surveyor to establish and mark the actual property line. You also need to know when the encroachment began.

Can a neighbor Sue you for building a fence?

If a property owner’s fence violates a subdivision rule, the homeowners association may ask the owner to make it conform. If the owner refuses, the association or a neighbor can sue to enforce the rules. Sometimes a neighbor may build an ugly fence out of spite for a neighbor. Many states have laws that regulate “spite fences.”

How much does it cost to move neighbor’s fence?

Moving the fence might cost hundreds to a few thousand dollars, but saves you both the expense and unpleasantness of a court battle that could cost each of you many thousands. Have your neighbor agree to acknowledge your property right.

How tall is the fence on my Neighbor’s property?

My neighbor to the north has had a survey and says that i must now move my fence and 50 Green Giant hedge trees … read more A fence was built by my neighbors 20 years ago. my plat or survey shows the property line extends 120 feet. this fence is approximately 40 feet of the 120 feet.

When did the neighbor put up the fence?

The old owner had paid and put up a fence. Our neighbor now thinks that since the old owner paid for the fence … read more Lead Attorney Miller Law Of… My property line was set about 32 years ago by the man who developed this track of land.

When do you have to move your neighbor’s fence?

Lead Attorney Miller Law Of… My property line was set about 32 years ago by the man who developed this track of land. My neighbor to the north has had a survey and says that i must now move my fence and 50 Green Giant hedge trees … read more

Is it illegal to have one side of your fence facing your neighbor?

Facing the wrong side of the fence towards your neighbor, either when installing your fence on your own or working with a contractor, can lead to you being legally forced to switch the fence—at your own expense. This rule applies for all manner of wooden privacy fences, whether or not you paint or stain either or both sides of the fence.

How do you decide which side of a fence to put up?

If your neighbour has made some financial contribution towards the new fence, it’s a good idea to agree which direction it will face before it’s installed. You might take into consideration whose boundary the fence is on and the proportion of the financial outlay on both sides.

How do you find out who owns a fence between two houses?

The most convenient way to uncover who owns the fence between two neighbouring houses and the legal owner of the barrier is with a transfer, title plan, or conveyance deed. If you can’t locate it in writing, look for the T-mark on these documents, which if positioned on your side of the fence, indicates right of possession.

Which is side of the fence do I own?

If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence and a shared responsibility. If the fence falls to one side of the property line, it is wholly owned by the property owner whose side it’s on.

How is the ownership of a fence determined?

The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor’s property and your property, neither you nor your neighbor owns a side; it’s a shared fence and a shared responsibility.

What makes a backyard fence neighbor to neighbor?

A backyard fence that splits the property lines between neighbors is called a boundary fence. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. This means that your neighbor (s) have the same rights to the shared fence as you do.

Can a neighbor split the cost of a fence?

As we mentioned above, when two neighbors on good terms both want a fence, they may decide to split the cost. Additionally, sometimes one party will offer to chip in some money in order to have a say in the fence’s design.

How can I find out if my Neighbor has a fence?

Call your title company and ask if they have a survey of your property on record. If they can’t help, a call to your local city government offices may get your answers. Borrow or rent a metal detector and try to locate the property markers on your own.

Can a neighbor build a fence on your property line?

If your neighbor builds a fence on the property line, then most states make it clear that the responsibilities are split between both homeowners. Problems arise when you believe that a neighbor has built a fence on your land, thus reducing the size of the property available to you.

Can a misplaced fence cause a boundary dispute?

Over the Line: Misplaced fences, roads and other boundary disputes. There’s an old saying, “Good fences make good neighbors.” While that may be true normally, sometimes a neighbor’s fence is out of place and on your side of the property line. Encountering a boundary dispute with an adjacent neighbor is a fairly common issue for landowners.

How far back does a fence have to be from the property line?

Check Rules and Regulations Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

What does it mean to have a boundary fence in your backyard?

Boundary Fences A backyard fence that splits the property lines between neighbors is called a boundary fence. Each homeowner shares dual ownership of the allotted portion of the fence that exists on each respective property. This means that your neighbor (s) have the same rights to the shared fence as you do.

Do you need a property survey for a fence line?

This scenario is especially problematic when a purchaser has acquired a piece of property under the assumption that the fence is “obviously” the boundary therefore they believe no property survey is needed. Warning: Never take the word of a real estate agent or an existing property owner about where the boundaries lie.

What did my neighbor do about his survey?

Recently my neighbor had a survey done which showed that the actual boundary was slightly different than the assumed in the whole neighborhood. Now he wants me to rip out my raised beds and anything else crossing onto his property and he will put a fence on the new line.

How can I tell if my fence is on my property line?

Get a Survey In order to know if your fence is on your property line, inside your property line, or even on your neighbor’s property (yikes!), you’ll need a survey. Your county deed and assessor’s office may already have a copy, or you may have paid for one when you purchased your house.

What should I do if my property line extends 60 feet?

Case Details: At a certain point, the fence extends 60 feet into my property. What you should first do is to contact a property lawyer to understand your rights. This is important since many states have a legal concept called “adverse possession”.

Can a neighbor take over your property line?

If you give in and put your fence more inside the property line then the neighbor may be able to claim adverse possession and take that part of your property from you.

What does it mean to have a property line?

Property Line Laws. A property line is a legal boundary line that defines your property and separates it from your neighbor’s. If your neighbor has a fence, a structure or a new addition to his home that crosses your property line, this could end up becoming a boundary dispute.

How big is your neighbor’s property line?

Atkinson says after her mother died she noticed the neighbors had their side of the fence landscaped and expanded the driveway. Earlier this year, when she finally paid for a survey of the property line- she received a letter from the neighbor’s attorney. “They’re claiming 308 square feet of our property!” Atkinson said.

Can you go on your neighbor’s property?

Howard Finkelstein, 7 News Legal Expert: “Absolutely. In a zero lot line community, the law gives you access to four feet of your neighbor’s property to maintain it. If they won’t let you in, hire an attorney to ask a judge to order them to let you in.

How many square feet does it take to claim adverse possession?

“They’re claiming 308 square feet of our property!” Atkinson said. “You don’t do that to friends.” The neighbors feel that since they’ve maintained the property on their side of the fence for 10 years- the law says they now own the property. It’s called adverse possession.

Can a fence be built on a property line in California?

For example, California law presumes joint ownership of a fence that’s built on a property line since both owners derive benefits from it. However, there are certain rules that come into play if a fence is built right at the boundary between two properties.

Can you build a fence on someone else’s property?

In many cases, you can build the fence directly on a property line that is shared with someone else. If you shared a property line with a public entity, you may not be able to build directly on the line. You may need to step back the fence. Notifying Neighbors Before Building a Fence

What are the property line and fence laws in Florida?

Florida Property Line and Fence Laws at a Glance Case Law Boundary Fences: 1 Florida Jurisprudence Boundary Fences There is no legal obligation to erect a Spite Fences The erection of a fence can be considere Tree Trimming A landowner that removes a healthy tree