If you own your home, that means everything on your property is yours. But as you get closer to your property lines, the space becomes a little more liminal: If there’s a fence separating your property from your neighbor’s, it’s shared property, even if only one of you technically owns it. After all, a fence defines both of your private properties, and you both benefit from it.
Connecting to the Neighbor's Fence – Fence Etiquette
That’s why it’s vital to practice proper fence etiquette. A fence can literally be the boundary where two lives rub up against each other, and it can be a source of friction if you’re not careful. And since fence ownership and rights can be vague and complicated, it’s in everyone’s best interest to follow a few simple rules to ensure that minor fence disputes don’t escalate into major problems.
The rule of fence etiquette is to always know what you’re talking about. That starts with knowing your property lines: If the fence was already there when you bought the house, you probably have no idea whether it’s on your property, your neighbor’s property, or the boundary itself. If it’s completely on your property, it’s your fence and vice versa. If it’s literally on the boundary line, it’s a boundary fence, and your local area may have specific laws governing how that’s handled. If you’re not sure what your property lines are, you may need to have a survey done to determine them, which can cost anywhere from $400 to $750. This can also be helpful in defining your responsibilities regarding things that hang over the fence, like tree branches that encroach on your property’s air space.
Another thing to consider when investigating your property lines is the possibility of “prescription.” If the fence in question was built across the property line, giving your neighbor control over a portion of your property, for example, it’s possible that he could eventually lay claim to that piece of land—in effect, moving the property line to match the location of the fence. It’s unlikely that your neighbor is engaged in a slow, devious scheme to steal a portion of your land, and establishing prescription isn’t easy (your neighbor would have to control that piece of land for quite a long time to establish a claim, anywhere from seven to 20 years, depending on your location), but it’s something worth checking. If you discover that the fence gives your neighbor control over a portion of your property (or vice versa), chances are it was an honest mistake, but it’s in your best interest to address it.
