Simone Lawson
Fences are a common feature of residential properties, serving various purposes, including enhancing privacy, establishing boundaries, and ensuring the safety of children and pets. While fences are prevalent, the laws and regulations governing them can be complex and vary significantly across different locations. Understanding what constitutes a structure as a fence on home property is essential to ensure compliance with local regulations and to avoid potential disputes with neighbours and legal authorities. This knowledge is particularly crucial when considering the height, location, and type of fence to be installed.
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What You'll Learn
Local zoning laws and regulations
- Zoning Ordinances and Fence Definitions: Local zoning ordinances define the parameters for allowable fences within a jurisdiction. These ordinances outline the specific requirements for fence height, location, and construction materials. For instance, certain municipalities may prohibit specific fence types, such as barbed wire or electrified fences. Ornamental fences may also have different height restrictions, as seen in the Sarasota, Florida ordinance, which allows ornamental fences higher than six feet with specific conditions.
- Property Lines and Setbacks: Understanding property lines is crucial when installing a fence. Fences are typically built directly on property lines, and local regulations may dictate how close a fence can be to a property line. Setback lines determine the required distance between a structure and the surrounding property lines. Fences generally adhere to different setback rules than other structures, and specific exemptions may apply.
- Boundary Fence Ownership and Maintenance: When a fence is erected on a property line between two properties, it is typically considered a shared responsibility between the adjoining landowners. Both homeowners usually share the installation and maintenance costs. However, local regulations may vary, and it is essential to consult the relevant property deeds and local laws to determine ownership and maintenance obligations.
- Height Restrictions and Visual Considerations: Local zoning laws often impose height restrictions on fences to maintain the visual aesthetics of an area. These restrictions can vary depending on the fence's location within the property, such as the front yard or backyard. For example, Paramus's code states that no fence or wall exceeding three feet six inches in height shall be placed within 35 feet of the front property line.
- Nuisance and Spite Fences: Local regulations may address the issue of nuisance and spite fences. A spite fence is built with the malicious intent to annoy or harm adjacent property owners. While zoning ordinances may aim to prevent such fences, they must establish clear standards for determining what constitutes a spite fence, as seen in the State v. Zumpano case in Ohio.
- Homeowner's Associations (HOAs): If your neighbourhood is governed by an HOA, they may have specific regulations regarding fences, including the types of fences allowed and their aesthetic requirements. HOAs can enforce these regulations, impacting the fencing options available to homeowners.
To summarise, local zoning laws and regulations play a crucial role in defining the allowable types, locations, and characteristics of fences on home properties. These regulations can vary significantly across different jurisdictions, so consulting local authorities and reviewing specific ordinances is essential before installing a fence.
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Property line and ownership
Property ownership and fencing have a long history, with the earliest US settlers claiming land by simply fencing it in. Over time, landownership and fencing patterns evolved, with distinct differences arising between the east and west coasts. Today, fencing laws vary across different regions, with local regulations dictating whether a fence can be installed along a property line and what it can look like.
When it comes to property lines and ownership, a property line serves as a boundary that separates a homeowner's property from their neighbour's. Installing a fence along this property line can help establish ownership and enhance privacy. However, it is important to note that fencing laws and regulations can vary based on zoning laws and local regulations. Therefore, it is essential to contact the local government or relevant authorities to understand the specific rules and restrictions applicable to your area.
In some cases, the local government or homeowners' association (HOA) may enforce regulations regarding fencing. These regulations can include ownership, aesthetic requirements, proximity to property lines, and height restrictions. For example, certain municipalities may require a site plan that includes the location of property corner markers to obtain a building permit for a fence. Additionally, specific types of fences, such as barbed wire and electrified fences, may be prohibited in most cities.
It is important to be mindful of potential complications when installing a fence directly on a shared property line. In most cases, boundary fences are considered the joint property of adjoining landowners, and neither party can remove or destroy the fence without the other's consent. Both landowners are typically responsible for the installation and maintenance costs of a partition fence, and any necessary repairs. However, it is always recommended to negotiate and agree on these responsibilities beforehand to avoid disputes.
To protect yourself from potential disputes or legal issues, it is advisable to draw up a legal contract with your neighbours before installing a fence. Alternatively, placing all four corners of the fence within your property lines can help ensure it is entirely on your property. Conducting a land survey to establish the property boundaries is also beneficial in making informed decisions regarding fencing.
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Height restrictions
The height restrictions for fences on home properties vary depending on the local laws and regulations. While the specific height restrictions may differ based on the region and the type of fence, there are some common considerations and trends regarding fence height restrictions.
In residential areas, it is common for backyard fences to have a maximum height restriction of 6 feet, while front yard fences are typically restricted to a height of under 4 feet. These restrictions are in place for safety reasons, as taller front yard fences can create blind spots and pose dangers for drivers, children, and pets. However, it is important to note that these height restrictions can vary, and some areas may allow taller fences with certain conditions or approvals.
Some regions may have more specific height restrictions based on the distance from the property line. For example, in Paramus, no portion of a fence or wall exceeding 3 feet 6 inches in height should be placed within 35 feet of the front property line. Additionally, if the solid area of such a fence or wall exceeds 25% of the total area within 35 feet of the front property line, the height should not exceed 3 feet. These types of restrictions are intended to maintain the visual texture of the area and consider the impact on neighbouring properties.
In certain cases, exceptions to the standard height restrictions may be granted. For instance, if there are specific reasons for requiring a taller fence, such as proximity to a commercial building or a wooded area, it may be possible to obtain approval for a taller fence by applying for a variance during the fence permit application process. However, this process may vary depending on the local regulations.
It is worth noting that some types of fences may be prohibited in certain cities or counties. For example, barbed wire and electrified fences are typically not allowed in most cities. On the other hand, if you live in a neighbourhood governed by a Homeowner's Association (HOA), they may have specific requirements or restrictions on fence types and heights that supersede local regulations. Therefore, it is essential to consult the local planning and permitting departments or the HOA to understand the specific height restrictions and regulations applicable to your area.
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Materials and structure
Fences are typically constructed from posts that are connected by boards, wire, rails, or netting. They are usually built outdoors and enclose an area. A fence differs from a wall as it does not have a solid foundation along its entire length.
The materials used for a fence can vary depending on the purpose of the fence, local regulations, and personal preferences. Some common fence materials include:
- Wood: Natural cedar wood is often used and can be stained to achieve a desired aesthetic.
- Metal: Metal fencing can take the form of chain-link fencing, which is made of woven wires, or ornamental metal fencing.
- Concrete: Concrete block walls are sturdy and can be used for fencing.
- Composite: Composite fencing is made from a mixture of recycled wood and plastic, offering a durable and environmentally friendly option.
- Brushwood: Brushwood fencing uses wires to compact brushwood material together, creating a natural and rustic look.
In terms of structure, fences typically consist of vertical posts inserted into the ground at regular intervals. These posts are then connected by horizontal rails or boards to create a barrier. The height and spacing of the fence posts can vary depending on local regulations and the desired level of privacy or security.
It is important to note that fencing laws and regulations can vary based on your location. Therefore, it is essential to contact your local government or homeowners' association (HOA) to understand the specific requirements for your area. They can provide guidance on factors such as fence height limits, distance from property lines, and any restrictions on materials or designs.
Additionally, when constructing a fence on a property line, it is important to be mindful of your neighbours and their preferences. Boundary fences are typically considered joint property, and both adjoining landowners may be responsible for the cost of installation and maintenance. It is advisable to communicate with your neighbours and, if necessary, draw up a legal contract to avoid disputes.
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Maintenance and costs
Fences are essential for privacy, keeping pets in, and establishing property lines. However, they require maintenance and repairs, which can be costly. The costs of repairing a fence depend on the type of fence, the extent of the damage, and the labour required.
The type of fence you have will play a big factor in the final cost of repairs. Wood and chain-link fences are the most common and provide flexibility in terms of cost, with chain-link fences being the least costly to repair at $20 per linear foot. More expensive materials like stone or brick may not need to be replaced with proper maintenance. Glass fencing is the most expensive to repair at $100 per linear foot.
Wood fences are prone to rot, which can lead to structural damage if left untreated. Repairing wood rot involves chemical treatments, patching holes or cracks, and restaining or repainting the fence. The cost of repairing rot damage ranges from $150 to $500, with more severe cases requiring fence replacement. Wood fences also need regular maintenance, including sealing and staining, to prevent issues like shrinking, warping, and splitting.
Other common issues with wood fences include leaning, broken panels, holes, and cracks. Leaning fence repair costs $250 to $600, while repairing holes and cracks ranges from $100 to $350. Replacing fence panels costs $150 to $400, and repairing a fence gate costs $100 to $400.
It is important to note that fence repairs on a shared property line can lead to uncertainty about ownership and responsibility for maintenance and costs. In such cases, it is recommended to communicate with neighbours to clarify who is responsible for the fence. Additionally, if you live in an area with a homeowner's association (HOA), they may have specific requirements or exclusions regarding fences.
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Frequently asked questions
A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting.
Research local fencing laws, contact local government about permitting, and order a property survey to confirm the boundaries of your land.
The type of fence you can build will depend on your local laws. Some municipalities require a site plan that includes the location of property corner markers (pins) to obtain a permit. Some types of fences that are not usually allowed include barbed wire and electrified fences.
When a fence is built on a property line, both homeowners are usually responsible for the cost and upkeep of the fence unless they negotiate otherwise.
