Good Fences Make Good Neighbors
By Eric Wert
Spring is often associated with new beginnings—and for many homeowners it’s the season for home improvement projects including repairing old fences or installing new ones. But before you pick up a posthole digger or call a contractor, it’s wise to make sure you understand the legal requirements for building a fence. After all, while a good fence may help define your property and create privacy, it can also become a source of tension or conflict if proper steps aren’t taken.
Know Your Boundaries—Literally
One of the most common sources of neighbor disputes involves misunderstandings about property lines. Before building or replacing a fence, consult your deed and consider hiring a licensed surveyor. A formal survey helps confirm exact boundary lines, preventing accidental encroachment onto a neighbor’s land. Also, a survey can help you if you are concerned that your neighbor’s fence is encroaching onto your land.
Easements and Encroachments
A survey can also help you be sure you are aware of any easements on your property that may be impacted by the fence, such as utility access easements or shared driveways. Fencing through an easement can limit access in a way that violates the terms of existing agreements.
Check Local Ordinances and HOA Rules
Municipal codes often regulate the height, placement, appearance and material used in fences. The level of regulation can be surprising, even sometimes requiring that the “good side” of the fence (that is, the more attractive side of the fence that hides its hardware) must face your neighbor’s property, rather than your own. In addition, if you live in a property that is part of a homeowners’ association (HOA), there are likely additional restrictions and approvals that go above and beyond your local ordinance. Make sure you confirm that your planned fence satisfies the requirements of both, or you could face fines or be required to take the fence down after having spent good money to put it up.
Cost-Sharing and Communication
Open communication with your neighbor is essential if a fence sits on or near a shared boundary line. While they may not be legally obligated to share the cost, discussing the project with your neighbor in advance can foster goodwill and avoid misunderstandings. In addition, you may be surprised to find that your neighbor wants to contribute towards the cost of the fence project so that it can be designed to better benefit both of your properties.
Put It in Writing
If you and your neighbor are sharing responsibilities and cost or making any other agreements about the fence, be sure to put the terms of your agreement in writing. A simple neighbor agreement reviewed by an attorney can protect both parties and clarify expectations.
When to Call an Attorney
If a dispute arises, or if you discover a neighbor’s fence is encroaching on your land, it’s important to address the matter promptly and professionally. An attorney can help you navigate negotiations, mediate the issue, or, if necessary, take action in court to protect your rights
A well-placed, well-maintained fence can do more than mark territory—it can preserve peace, privacy, and property values. Taking the time to handle the legal groundwork properly will ensure your fence doesn’t become a source of frustration down the line. Because at the end of the day, good fences really do make good neighbors.
At Dischell Bartle Dooley, we represent homeowners and developers, both big and small, as they seek to modify and develop their properties in the way that they want. We work hard to establish good relationships with all local municipalities and municipal officials so that we can make the process as smooth as possible. Please email Eric Wert directly or call (215) 362-2474 to discuss how we can help you.