Understanding the Legal Boundaries: Building a Fence Too Close to Your Neighbors' Property

It is common practice for homeowners to build fences along property lines to delineate their land from that of their neighbors. However, building a fence too close to your neighbor's property can lead to legal disputes and potentially unwanted consequences. This article explores the legal boundaries you must adhere to when installing a fence and provides tips to avoid common pitfalls.

Property Line and Zoning By-laws

First and foremost, it is essential to familiarize yourself with your local zoning by-laws. These regulations govern various aspects of property use, including the location and construction of fences. In fact, everyone is allowed to build a fence on their property line, as this is the standard practice. However, it is crucial to ensure that the fence does not encroach upon your neighbor's property line. Building a fence inside your property line can have significant legal ramifications, as it could result in a reduction of your usable property area.

Consequences of Building a Fence Inside Your Property Line

One of the most significant risks of building a fence inside your property line is the potential loss of use of what would have been your own property. By doing so, you effectively give up that area of land, which will still remain legally within your ownership. To avoid misunderstandings, it is vital to inform your neighbor of the exact location of your property line. It is also worth noting that some jurisdictions have "grandfather" clauses that allow neighbors to legally claim the fenced-in area as their own. These clauses typically apply for around 15 to 20 years, after which the property line is solidified.

True Story: A Warning from Experience

A few years ago, a new property owner removed an existing fence that was within his property line and spent approximately $10,000 to $20,000 on building a new, elaborate fence and landscaping. Unfortunately, the old property owner had been using this area for years, and none of the previous owners had informed this new owner of the actual property line location. The old lady knew where the line was, leading to a dispute when the town ultimately awarded her the land. This situation, which resulted in a loss of thousands of dollars and the need to replace the old lady's garden, serves as a cautionary tale about the importance of understanding your property lines.

Building Code Regulations for Fences

Beyond understanding your local zoning by-laws, it is also crucial to check your building code regulations regarding fences. There is often a requirement that fences be erected at a certain distance from the property line or at the midpoint between two neighboring properties. This distance is mandated to ensure adequate space for maintenance, accessibility, and natural light. Failure to comply with these regulations can result in fines and legal challenges from your neighbors.

For example, in many jurisdictions, there is a recommended setback distance of at least three feet from the property line. However, local ordinances may vary, and it is essential to consult your city or town's building department to determine the specific requirements in your area. Adhering to these guidelines ensures not only legal compliance but also good neighborly relations.

Conclusion

Building a fence is a common way for homeowners to define and protect their property boundaries. However, it is crucial to be aware of the legal boundaries and local regulations that govern such actions. By checking your zoning by-laws and building code regulations, you can ensure that your fence is properly constructed and that you avoid potential disputes with your neighbors. Remember, the key to a healthy relationship with your neighbors and a smooth legal process is to understand and respect the property lines and boundaries that define your land.

Additional Resources

If you need more detailed information or specific guidance regarding the legalities of building fences in your area, consider consulting a local real estate attorney or the city's building department. They can provide you with the most up-to-date and personalized advice to help you navigate the legal landscape of fence construction.