A lot of people think that the law wouldn’t need to be involved in their back garden that much. Unless you were, y’know, hiding or even growing something illegal in there! But there are a lot of changes or additions you might make that the law may actually have a say in. This, of course, has everything to do with your neighbors. And with this mind, we’re going to tackle that most controversial of “neighborly” garden disputes: that of fencing.
(Yes, I’m aware the way I wrote that makes it sound like I’m referring to the sport. I’m actually referring to regular garden fencing. If your dispute with your neighbor involves sword fighting, then you’re definitely on the wrong blog.)
Let’s take a look at some of the areas that can cause controversy.
Notification
Contrary to popular opinion, the vast majority of U.S states don’t actually require you to notify your neighbor that you’re building a fence. However, there are some states where you do. Even there, however, you don’t have to ask for their permission. California’s Good Neighbor Fence Policy requires you to give at least thirty days’ notice in writing before starting such a project, though the other party won’t be able to do much to stop you if they don’t like it.
Expenses
A fence at the boundary line will be deemed to benefit both parties, so the law can actually compel both to pay for it! This sort of thing can be negotiated among the neighbors in question, of course. But if neither want to pay 100% of the price, one can take the other to court in order to get the payment they want – and they’ll probably win. Neighbors can also compel each other to pay, in part, for repairs and maintenance!
Aesthetics
So what if you or your neighbor installs a really ugly fence? Does the other party have the right to get them to take it down? Well, generally, no. The law can’t make your neighbor get rid of that terrible concrete wall they put up instead of a nice fence you both would have liked. However, if there’s a Homeowner’s Association involved in your properties, then things are very different. You would probably be compelled to have a very nice fence indeed. If the fence is badly made, it could be seen as dangerous, which is a different matter. You should probably just play it safe and work with reputable, quality fence companies.
Height
Are you planning on building some twenty-foot monstrosity? Sorry: the law pretty much everywhere in America dictates that your fence can be no higher than six feet. If your average person can’t see over it standing on their tiptoes, then you may have built it too high. In the front yard, your fence has to be even shorter: in most states, it can be no higher than four feet.
The boundary line
A lot of these restrictions are sometimes mistakenly seen to apply only if you’re building the fence at the boundary line between your gardens. This makes sense, in a small way; after all, the boundary line is a strange gray area that kinda-sorta but also doesn’t-really belong to both of you. But just because you build a fence just away from that line and fully on your property, it doesn’t mean those restrictions don’t apply! The court will see that you’re merely trying to flout the law.
