Fences and Neighbors FAQ

Questions:

• How high can I build a fence on my property?
• My neighbor is building a fence that violates the local fence law, but nothing's happening. How can I get the law enforced?
• My neighbor's fence is hideous. Can I do anything about it?
• The fence on the line between my land and my neighbor's is in bad shape. Can I fix it or tear it down?
• What is a boundary fence?
• Who is responsible for repairing and maintaining a boundary fence?
• Where can I find more information about fences?

Answer:

The fence on the line between my land and my neighbor's is in bad shape. Can I fix it or tear it down?

Unless the property owners agree otherwise, fences on a boundary line belong to both owners when both are using the fence. Both owners are responsible for keeping the fence in good repair, and neither may remove it without the other's permission.

A few states have harsh penalties for refusing to chip in for maintenance after a reasonable request from the other owner. Connecticut, for example, allows one neighbor to go ahead and repair, and then sue the other owner for double the cost.

Of course, it's rare that a landowner needs to resort to a lawsuit. Your first step should be to talk to the neighbor about how to tackle the problem. Your neighbor will probably be delighted that you're taking the initiative to fix a fence that's already an eyesore and might deteriorate into a real danger.