Does A Fence Determine Property Lines?

by | Last updated on January 24, 2024

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Does a fence determine property lines? For rural properties,

fences are generally considered by the landowners to be the boundaries

. But by law, the actual boundary is an imaginary line that is located according to the property description in the deeds to the properties.

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How close to the property line can I build a fence?

Check Rules and Regulations

Typically, fences are installed anywhere from

2 to 8 inches

from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

What determines your side of the fence?

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 responsibility.

Do I need a permit to put a fence around my yard?

Can my Neighbour build right to my boundary?

In general,

your neighbour only has the right to build up to the boundary line (line of junction) between the two properties

but there are circumstances when they can legitimately build on your land. You can give consent for them to build a new party wall and foundations on your land.

Who owns the fence between houses?

When looking at the plans,

the ownership is indicated by a “T” marked on the plans on one side of a boundary

. If the “T” is written on your side of the boundary, you’re responsible for maintaining it. If there’s an H (although actually it’s two joined Ts) the boundary is the joint responsibility of both parties.

Who gets the good side of a fence?


Face the finished side of the fence toward your neighbor

The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

What is the 7 year boundary rule?

So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means

local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development

.

Can you force a Neighbour to replace a fence?

Unless the existing fence is causing a safety hazard on your side,

there’s very little you can do to force your neighbour to repair or replace it if they don’t want to

. This is understandably frustrating for you, watching the fence leaning, rotting or falling apart, but legally your hands are tied.

Can you build a fence next to another fence?


Yes

.

Yes, you can build next to your neighbour’s fence

. As long as you’re inside your property line you’re fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.

Can I put a fence around my front yard?

The short answer is

yes, of course

. You can certainly fence your front yard, but it may be more complicated than a simple yes or no. There may be a multitude of reasons for extra steps in the process of installing a front yard fence.

How close to my property line can my neighbor build?

The building distance limit depends on the structure you intend on building. It usually ranges

between five to 15 feet

. It is important to communicate property boundaries with your neighbor before beginning any permanent or semi-permanent projects, due to the risk of township or county penalties.

Can a Neighbour remove a boundary fence?



You can either ask the neighbour to remove this within a reasonable period of time or warn them that you would take action to remove the fence

. ” If your neighbour fails to act, you could take court action against them but that is likely to be costly and stressful.

Can a Neighbour attach something to my fence?

The short answer to this question is, of course, “no”.

If you own the fence and you have not granted your neighbour permission to do so, they are not allowed to attach or nail things to your fence

.

Who should pay for a boundary fence?

As one would expect, in most cases,

the owner is responsible for any maintenance the fence may require

. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.

How do you settle a boundary dispute?

  1. Establish the boundary from the conveyancing documentation and title deeds. …
  2. Look at the extrinsic evidence on the ground. …
  3. It is then necessary to consider whether the boundary has been amended by the parties and/or previous owners.

Can a Neighbour claim my land?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

Is there a law on which way a fence should face?

Can I put nails on top of my fence?

How high can my Neighbours fence be?

The laws actually state that a fence can be

as high as 100 meters

. However, this is only allowed if proper planning permits have been obtained. This means that any fence under 2 meters in height does not require a permit.

How do you prove a boundary line?

How to determine a boundary line? Understandably, most people look first at land registry title plans (if, as in most cases, the land is registered). However, the land registry plan does not normally determine exactly where the boundary lies. Instead, you need to

look at the pre-registration deeds for both properties

.

Is there a time limit on boundary disputes?

Is there a time limit on boundary disputes? You will want your boundary dispute to be resolved within

12 years

so that adverse possession cannot be used for another party to gain ownership of your property.

What are the four types of boundary disputes?

Can my Neighbour paint my fence on his side?

When it comes to fence painting,

you can do whatever you want to your side of the fence

. So, if it is your fence on both the outside and the inside, then you are free to do whatever you like in regards to painting.

What constitutes a boundary dispute?

Boundary disputes usually arise

when one person asserts ownership over a piece of land, which is owned by their neighbour

. A common example would be if one neighbour moves their fence towards their neighbours’ property, annexing the neighbour’s land to theirs – this would give rise to a boundary dispute.

Can my Neighbour grow plants up my fence?

This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it. Similarly,

they may not grow trailing plants up it

or any similar activity which may cause it damage.

How close are property lines?

If you’re building a new home on a piece of property, many cities and towns will require a fixed amount of space between the side of a home and the property line. Depending on the age of the development it’s probably

between 5 – 10 feet

.

What is a boundary fence?

(ˈbaʊndərɪ fɛns )

a fence between properties

. a boundary fence separating the two properties.

How do I know if a fence is mine?

How do you keep neighbors out of your yard?

How close to the property line can I build a shed?

Here’s a quick look at a few. How far should a shed be placed from property lines?

You typically can’t build a shed within 10 feet of the rear property line and 15 feet from a side property line

. There should be sufficient room between your shed and your neighbor’s yard.

How can I make my front yard more private?

What can I do if my Neighbour builds on my land?


Put up ‘Private Property’ or ‘No Trespassing’ signs that state trespassers will be prosecuted to deter entry

. Build a fence or a wall, being sure to keep to your own property’s boundary and seeking planning permission if necessary. If the trespassing persists, seek legal advice.

What is the minimum gap between houses?

Though technically you have left

1.5 feet

in accordance to building construction rules, the land still belongs to you and it is a plain infringement of your ownership rights. Also open spaces are called set backs in building parlance and no construction (either above the ground or below the ground) can be undertaken.

What is setback line?

What is the purpose of a setback line? It is

the distance measured in feet between a house or structure from the front, side, and rear

. Maintaining the setback line allows easy access to underground utilities. Also, it is crucial for ventilation in the building and parking.

How close to property line can I build a shed?

Here’s a quick look at a few. How far should a shed be placed from property lines?

You typically can’t build a shed within 10 feet of the rear property line and 15 feet from a side property line

. There should be sufficient room between your shed and your neighbor’s yard.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.