ABA Family Legal Guide

Home Ownership

Managing Neighborhood Problems

Fences

Who owns a boundary fence?

A fence that sits directly on the property line of two neighbors is known as a boundary fence. The legal rights and responsibilities depend on a number of factors, including who "uses" the fence. Generally, boundary fences are somewhat like trees that straddle a property line--they belong to both property owners, both are responsible for the upkeep of the fence, and neither may remove or alter the fence without the other's permission. Of course, the owners are free to agree otherwise. One may wish to "buy" the fence from the other and have it recorded in the deed for posterity. Or one neighbor may be willing to give up his or her "share" of the fence if the other agrees to pay for the maintenance.