Can I go on my neighbors property to maintain my fence?

Howard Finkelstein, 7 News Legal Expert: “Absolutely. In a zero lot line community, the law gives you access to four feet of your neighbor's property to maintain it. If they won't let you in, hire an attorney to ask a judge to order them to let you in.


What is the fence law in Florida?

Fence and Property Line Laws in Florida: Overview

Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance.

What are the fence laws in California?

Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.


Should I tell my neighbors I'm putting up a fence?

Yes! It is always a good idea to inform your neighbors that you are thinking about building a fence. Most of the time they won't oppose the idea, and may even show some appreciation for your home improvements! Some neighbors, however, can get pretty worked up on the subject of fences.

Can I put up a fence next to my neighbors fence?

Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.


What Should I do if My Neighbor's Fence is on My Property?



How close to property line can I build a fence?

Check Rules and Regulations

Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!

Can my Neighbour grow plants up my fence?

For creeping plants that will grow up and over your side of a neighbour's fence, you must ask permission from the owner of the fence, which will likely be graciously given.

Can I paint the fence if it belongs to my Neighbour?

Who can paint or otherwise alter a fence once it's up? Only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property. This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it.


Who gets the good side of the fence?

The finished side should face toward your neighbor. Not only is this more polite, but it's the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.

Who owns fence on property line?

When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.

What can a Neighbour do to my fence?

Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. You can't make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.


Can I replace my fence without Neighbours permission in California?

Additionally, if you plan to install a new fence or make any changes to an existing one, you must notify your neighbor in writing 30 days in advance. Your notice should include: A description of the proposed fence or the problem that needs to be addressed.

Who owns a fence between neighbors in California?

Another common dispute involves a fence that is erected directly on the property line between two homes. In this situation, who has responsibility is it to maintain and care for the fence? California law presumes that a fence located directly on the property line benefits both homeowners equally.

What is the 7 year boundary rule?

The Seven Year Rule

So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.


Who is responsible for fence repair?

As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours.

Do title deeds show boundaries?

Whilst the deeds provide a starting position to determine your boundary, you do need to bear in mind that it is possible for boundaries to be altered. Most commonly this is either by agreement between previous owners of your properties, or by a legal doctrine known as adverse possession.

Which side of the fence is legally yours?

There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any 'rules' you've heard previously that state otherwise – not everyone will own the left-hand side of their fence.


What is the saying about fences make for good neighbors?

Robert Frost coined the phrase “good fences make good neighbors” in his 1914 poem “Mending Wall.” While the meaning in the poem may have been slightly more about 'turf protection,” it can also be applied to adding value to a home and property. Good fences can offer beauty, privacy and safety.

How high can a fence be between Neighbours?

As a general rule of thumb, fencing in your back garden should be no taller than 2 metres high (or about 6.5 feet tall). But how high can a front garden fence be? Well, the maximum height is 1 metre if you're facing a road used by vehicles and 2 metres otherwise.

Can my Neighbour attach things to my boundary wall?

If by 'attach' something as simple as say erecting a shelf, inserting a picture hook or attaching a fence post is intended, then this can be done using the party wall as a general right of a common owner.


Are you allowed to put spikes on your fence?

But the same law also says that duty has been discharged if you've warned people that the hazard exists, and that they can see it. Therefore, anti climb spikes on top of the wall are allowed, so long as you've added a notice saying something like: 'Caution: danger of injury from fence spikes'.

Can you stain one side of a fence?

Why You Should Stain Both Sides of the Fence. If you only stain “your side” of the fence, you're leaving the other side susceptible to damage. In fact, this may actually do more harm than good because you're preventing rain water from evaporating on both sides.

Can I enter my Neighbours garden to maintain my property?

Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission.


Can I throw my Neighbours leaves back?

The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'.

Can my Neighbour cut my tree without asking?

A professional tree surgeon can advise you on how much you can remove to avoid this. However, you have no right in law to demand that your neighbours reduce the height of their trees or hedges. We have found that a courteous request and an explanation of your problem is probably the best way to proceed initially!