LEGAL ISSUES ON FENCING

Building a fence does not merely involve selecting it and having it installed. There are legal issues regarding fencing to consider first in order to avoid conflicts between you, your neighbor, and your neighborhood.

What are the legal issues on fencing?

Most places have regulations pertaining to the setting up of fences. Since fencing is a costly undertaking, it is imperative that mistakes be avoided. In order to do these, one must take a look at the various rules governing fencing. This applies to all types, whether it is a typical residential fencing or security fencing. 

The legal issues of fencing deal with several matters.  In some places, building permits must be secured before fences are built. There might be restrictions on the type of fence, on the materials used, and the design. Fences may come in different forms, utilizing of a variety of materials like chain links, wire mesh (usually used for security fencing) or palisades, and some of these might not be allowed. The fence you want to install might not be in accordance to current policies of your area. Common ordinances limit the height of residential fences from 4 to 6 feet. You might end up with an expensive mistake if you neglect to consider these factors. Some places may not even allow you to build a fence at all. 

You have to check your property. Know where your ownership starts and ends, so you don’t end up putting a fence on land you clearly do not own. Decide on whether you want to place your fence inside your own territory or a common spot between you and your neighbor. Of course, if the fence is located in your property, you possess all the rights and responsibilities for it. If it is found in a spot that is both yours and your neighbor’s you both should shoulder the rights and responsibilities for it and that includes covering for the expense for repairs in the future. This is according to the fencing act of 1978.

You can go for co-ownership with your neighbor if they are planning to have a fence installed, too. That way you can both save on the cost as well. This is known as co-ownership. Decide to have a mutual agreement with the people next door with regarding the type of fence you are planning to have built. Tell them your reasons, show them your design, and at the same time ask them for their opinion or suggestions. They might not agree or conform to the design. Unknowingly, you might be causing them annoyances like blocking the source of wind or sunlight if your fence happens to be too high.

Fencing regulation also aids you in dealing with conflicts. An example of which is how to handle “spite fences” or fences that annoys people and don’t really serve any purpose. You can file complaints in order to have these types of aggravations removed. 

Fencing may seem like a simple matter to some, but taking a closer look will reveal that there are a lot of factors involved. Knowing the legal issues in fencing will aid you in dealing with situations that can range from installing your own fence to dealing with spite fences to co-ownership. Get to know the fencing policies in your area.

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