Can I Build A Fence On My Own Land

If you re building a fence on a property line outside of the suburbs things can be simpler or more complicated depending on the neighbors.

Can i build a fence on my own land.

Homeowners are often required to obtain a permit prior to constructing a fence and a permit should indicate where a fence can and cannot go. You re more likely to be permitted to build right on the property line in a densely populated area but it varies. An encroachment is tresspass without permission and you can do something about it. Otherwise you ll need to build your own fence to correct distance away.

Since zoning regulations can vary significantly from state to state homeowners should hire a real estate agent when buying or selling a home with a questionable fence. The fact that your neighbors are not actively using the portion of your land behind their fence would not stop them from asserting an ownership claim based on adverse possession. A problem could arise if the planned fence construction is so massive or odd that it violates a city ordinance or in some way infringes upon the rights of others even if it is located entirely on the owner s land. If he wants to build a fence he can build it without anyone s permission as long as it is on his land.

Often homeowners are barred from constructing a fence. The possession must be actual building an encroaching fence fully qualifies. If you live in an area with a homeowner s association they may also have rules about fence placement not to mention what type of fence you can have in your front and back yards. So if you re having a problem related to placement or construction of a fence it s a good idea to check with your local planning department.

In most cases a fence on your own property that is close to the boundary line is still subject to fence laws. If your neighbor has taken a few feet of your land when building his fence you can take steps to take back your. The possession must be open and notorious again building an encroaching fence fully qualifies. The possession must be exclusive and continuous for some qualifying period of time.

If you re putting up a fence and you re the only one using it for a boundary then you have sole liability for it. Most courts would recognize that you are flouting the law if you build a 20 foot high fence just inches or even a few feet from the boundary line.