“Howdy, neighbor. Let’s stay on good terms,” I always say as I start a disruptive project. Projects that occur close to your property line usually raise eyebrows, and even the best neighbors are right to question your project if they don’t have all the information ahead of time. While it’s important to understand local requirements and have permits, communication with your neighbor can also save you money, delays, and unnecessary tension. If you’re getting started on a project, follow our advice to minimize neighborhood disruptions.
Most Property Line Disputes Start With an Assumption
When you’re replacing an old fence, it’s easy to assume the old fence was in the right spot. You might also be aligning a project against a row of trees between properties without considering that the trees might be on one side of the property boundary. Avoiding assumptions and taking an extra day to do your research can help.
"An old fence, a row of shrubs, a tree line or something a previous homeowner said can all create a false sense of certainty,” agreed Brad Ledford, Senior Franchise Operations Manager at Top Rail Fence. Then, when a new fence project begins, those assumptions are suddenly put to the test."
"I’ve also learned that most fence disputes don’t start when the first post goes into the ground. Most people genuinely believe they are building in the right place. The problem is that believing and knowing are two different things."
Urgency can also lead homeowners to skip the research, but Ledford shared with us that the most common problems tend to come from a few familiar situations: unclear boundaries, outdated surveys, incorrectly installed fences, and poor communication between neighbors.
Before You Build, Verify Where the Edge of the Property Actually Is
The best advice is simple: confirm your boundary before you build.
This step comes before ordering materials or scheduling a contractor. Look at the information that applies to your property:
- Your boundary survey
- Local permit and zoning requirements
- Homeowner's association rules, if applicable
- Setback requirements
- Any existing records related to previous construction
If the property line isn't clear, don't guess. "One of the biggest misconceptions homeowners have is believing a fence contractor can legally establish the property line," shares Ledford. "We cannot."
He continues, explaining that "A licensed land surveyor is the qualified professional who researches the legal description, locates or re-establishes the boundary, and prepares the survey documentation. Fence professionals build from the information provided, but we do not certify legal property boundaries."
Ledford also notes that survey accuracy involves professional standards that can vary based on where the property is located and how it is classified.
"Survey accuracy standards vary by state, property classification, and governing standards. A 1:10,000 ratio is used in some boundary-survey standards and classifications. In simple terms, that ratio represents one unit of allowable closure error for every 10,000 of the same units measured, such as one foot in 10,000 feet. It is a useful way to understand the level of precision involved, but homeowners should rely on the licensed surveyor to explain the standard that applies to their property."
It also helps to understand that the visible part of a project isn't the only thing that matters. A fence may appear to sit inside your property line while another part of its structure crosses the boundary.
"I, and most other fence professionals, try to place the fence line 4- to 6-inches inside the property line when the site and local requirements allow. One thing homeowners should understand is that anything extending over the boundary may be treated as an encroachment under applicable law. That can include the post footing below ground, rails, pickets, or even a gate that swings into the neighbor’s property. A fence can look like it is on your side while part of the structure still crosses the line."
Don't Let Your Neighbor Be Surprised
Even when you don't need a neighbor's permission for a project, a short conversation can go a long way. You might not need their approval, and they don’t need to be part of the decision making process, but good neighbors always communicate about construction that could affect a shared property line.
If you're planning a fence, for example, tell them where it will go and when work is expected to start. If they ask about its placement, you can speak with confidence and use the property survey you completed to show that you’ve done your homework.
In fact, any time my neighbors have had a property survey done, I’ve asked to see it! Without paying for the survey myself, I can see which features and landscape details are my home’s responsibility. Having the dialogue periodically prevents frustration over something that your neighbor should/shouldn’t be doing that may/may not be your own responsibility. (Surprise! Neighborhood dynamics are so fun.)
Of course, having this type of conversation is often easier before materials arrive and workers start digging. Once construction begins, a neighbor who has questions might feel shut out (as if a literal fence has been placed between your relationships).
What If Construction Started, But You Didn’t Get a Survey?
Ok, ok. Sometimes the boundary question doesn't come up until work is underway. You may have a permit. Your contractor may already be on the property. You might think you did everything right, but then a neighbor raises a concern. (Don’t panic.)
First off, don’t assume that having a permit answers the question. "This is where things can get complicated. Many homeowners assume that because they received a permit, the fence location and ownership boundary have been fully verified. A permit confirms whatever the issuing authority reviewed under its process, but it shouldn’t be treated as a substitute for a boundary survey."
Instead of rushing to finish the project, stop and review what you know.
"If a dispute arises after construction has started, my recommendation is to pause and gather the facts before moving forward,” noted Ledford. “Review the survey and permit documents, speak calmly with the neighbor, notify the contractor, and bring in a licensed land surveyor if the boundary is uncertain.”
If it turns out that you crossed a line (literally), there can be consequences. Local legal counsel might be appropriate, and depending on how far the project advanced outside of your property, you may be able to come to an agreement with the neighbor on civil terms.
It’s frustrating to pause a project, especially when you've already paid for materials or labor, and even more frustrating to do the project twice. But still, moving forward without resolving the question can make the problem much more expensive.
"One of the most expensive fences you will ever build is the one you have to move,” agreed Ledford. “Taking a short pause to confirm the facts is almost always less costly than finishing the project only to discover there is a boundary issue later."
FAQ
Can my neighbor stop me from building a fence near the property line?
This depends entirely on local laws, zoning rules, HOA requirements, easements, and the location of the proposed fence. You’re not going to find the answer here (we aren’t a government website), but we suggest that you contact your local zoning and permits office to get the clarity you need. A neighbor may not have the right to stop a project that meets all applicable requirements and stays on your property; however, a dispute about where the boundary actually sits is a different issue.
Should neighbors share the cost of a fence built between their properties?
Wouldn’t that be nice! Honestly, sometimes it works out. It ultimately depends on where you live and the circumstances (and whether or not you have super awesome neighbors). Some areas have laws that address shared boundary fences and how costs are handled, while other situations are left to agreements between neighbors.
Whatever you do: Don't assume your neighbor is required to pay for part of a fence simply because it benefits both properties. Check local rules and discuss expectations before spending money.
