There is no universal rule determining whose side a fence belongs to; it depends on local laws, property deeds, and agreements between neighbors.
Here's a breakdown of factors that determine fence ownership:
-
Local Ordinances and Laws: Many cities and counties have specific regulations regarding fences, including height restrictions, required materials, and even which property owner is responsible for building or maintaining a fence on the property line. Checking with your local government is the first step.
-
Property Deeds and Surveys: Your property deed or a property survey might contain information about fence lines and ownership. A survey will accurately depict the property boundaries, and the deed might specify any agreements or easements related to the fence.
-
Adjoining Neighbors' Agreements: If there's a pre-existing agreement (written or verbal, though written is always better) between you and your neighbor regarding the fence, that agreement typically dictates responsibility.
-
"Good Neighbor" Fence Laws: Some states have "good neighbor" fence laws that outline the responsibilities of adjoining landowners for building and maintaining fences on property lines, particularly for agricultural purposes. These laws often dictate shared responsibility.
-
Practical Considerations: Even without formal documentation, if you or a previous owner built the fence entirely on your property, even slightly inside the property line, it is generally considered your fence.
How to Determine Fence Ownership:
-
Check Local Laws: Contact your city or county planning department to inquire about fence ordinances.
-
Review Your Deed and Survey: Examine your property deed and survey for any mentions of fences or property line agreements.
-
Communicate with Your Neighbor: Talk to your neighbor to see if there's any existing agreement or understanding regarding the fence. Document any agreements in writing.
-
Consult a Real Estate Attorney: If you're still unsure, a real estate attorney can research property records and advise you on your rights and responsibilities.
In Summary: Forget the myth about the left or right side rule. Determining fence ownership requires research into local laws, property documents, and communication with your neighbor.
