A fence creates a boundary around someone’s personal property to keep certain things in and other things out.
Unfortunately, many people do not understand how boundary laws are applied prior to hiring fence contractors to put up their fences.
These tips can help homeowners understand how to handle boundary issues ahead of the arrival of a fence company or when there are questions about an existing fence.
- Property Line Disputes - Whether hiring fence services to install a new fence or repair an existing one, it is essential that homeowners confirm their property lines to ensure the fence is on the right side. Since there are many factors involved in determining where along a property line a fence can be placed or who owns a fence that is across the property line, it is important to have surveying done before any changes are made.
- Who Owns The Fence? - An existing fence is owned by the owner of whichever property the fence is set on. If the fence is directly on the property line and used by both property owners, both parties own the fence and are equally responsible for its upkeep and repair by a fence contractor. However, a fence on the property line that is used by only one neighbor is technically owned by them alone.
- Who Repairs A Damaged Fence? - Based on the above points about ownership according to boundary lines, the person responsible for having repairs done to a damaged fence by a fence company is the one that is considered the owner per the location of the fence as well as who gets use out of the fence being there. For example, in residential neighborhoods where fences separate small yards, it is assumed that both neighbors own the fence that separates their yards, so they should both contribute to its upkeep, repair, and eventual replacement by fence services when necessary.
Boundary disputes related to fence services are common, especially in residential areas where many homeowners have fences close together.
When property line disputes occur, the first thing that any property owner should do is have a survey done to confirm boundaries, preferably before a fence company puts in a fence.
If the issue concerns an existing fence, the property owners will need to come to some kind of agreement such as assuming boundaries for the purpose of the fence or sharing responsibility for it.
Any agreements made should be recorded in writing.
Ideally, homeowners can avoid these issues by making sure their fence contractor installs the new fence on the right side of the property line.