The Legallity of Installing a Fence on a Property

Boundaries

• Research the setback allowances and property lines along the proposed fence line. Local ordinances may require a specific amount of space between your fence and the neighboring property line. Identify any distance requirements between fencing and buildings. You may be required to have a minimum space between fences and structures to allow access to all sides of the structure.

Trespass and Access

• Placement of fencing too close to easements or at property lines may be construed as trespassing on another property. Placement of a fence within the setback allowance violates property rights of shared property lines and may be ordered removed or moved beyond the required distance.

  Constructed fencing across egress or access paths and roads must allow for access to the property being cut off by the fence. Usually this is solved by splitting the fence to allow the path or roadway passage through the fence line. This situation occurs when one property requires access to common roads through another property to avoid trespassing on the exterior property.

  Use of deterrents to prevent trespassing is allowed within reason. Should a fence with deterrents face a public road or highway, the local authorities have the right to remove the deterrents when deemed a public hazard, which is why you don't see many barbed wire fences or spiked fences along roadsides. Should people passing your fence injure themselves on the fence, you may be liable for medical costs.

Size Limits

• Contact local zoning offices to determine height specifications for certain property lines. Fences facing public roads or at the corner of public intersections may be required to maintain visibility of the corner or roadway. Hedges extending too far into the line of sight can be ordered trimmed back, for example. High fences may be deemed too high by local authorities and ordered cut down to maximum height limits.

Animal Control

• Fencing may be required for certain animal control purposes. Specified dog breeds, such as Pit Bulls or Boxers, may require fencing to keep them away from public roads or areas. Erecting a fence to keep animals away from pools and play areas may also be required for safety purposes. If a fence is deemed necessary, the local authority can construct a fence on your property to control the animal. Neighbors can ask for a court order for protective fencing should your animal continually damage or trespass on their property.