An Introduction to Property Line Laws
While state and local laws vary in their specificity, most laws regarding neighbors’ property lines greatly impact property owners. Understanding comprehensive laws regarding fences and property lines is very important for homeowners who hope to avoid unnecessary, expensive legal battles with neighbors. When homeowners understand the nuances of how fence laws apply to their specific situations, their risk of facing costly and time-consuming disputes with neighbors is diminished.
States generally have some type of law that governs how property lines are established and property ownership is divided among neighbors . Since neighbors share borders, laws that apply to one neighbor’s property also usually impact the property owner who owns the neighboring lot. Because of this principle, it is common to see state and local laws provide ways to resolve disputes between neighbors regarding property lines.
In an effort to maintain friendly relations between neighbors, many laws regarding property lines and boundaries exist to create a strict framework of rules that everyone can follow and rely upon. Understanding how these laws protect homeowners as well as how they can be leveraged in disputes with neighbors can save homeowners time and money.
The Definition of Property Line in a Legal Setting
When it comes to property lines, the law is fairly straightforward. The law governing fences, in general, as delineated in Florida Statute 704.03 and 704.06 says that a non-adversarial border fence (type of fence is important) can be installed on the property line. Florida Statute 704.03 makes the presumption that a non-adversarial border fence is on the property line of both parties. It does allow for either party to move forward in court to determine the actual property line if the parties disagree. If the fence was placed on the wrong side of the property line, Florida Statute 704.06 governs the ejection of the fence and states that the courts have the right to require the fence owner to pay for the cost to move it.
In Florida, if there is no fence, the property line is fairly simple. The property line is "determined by the corners of a lot." However, the law requires that the corners of the lot must be "staked, unless it is impractical to do so." This may seem simple in areas with grid-based systems, but in areas with natural borders and vague legal descriptions, the location of the property line can become more difficult.
In and around Palm Beach, natural borders not only include waterways, but also roads. Even though property lines go to the middle of a road or waterway, the law gives both parties the right to traverse the other party’s side to reach their side. This should result in no fences or barriers placed across the property line.
Legal descriptions help determine the property line. A proper legal description uses the "rectangular survey method based on the intersection of imaginary lines from the north and south poles." When using the rectangular survey method, the property being described is broken into six-mile-square townships by the ranges and townships. Townships and ranges are identified by the direction of their distance from the corresponding baseline and principal meridian.
Fencer Law and Local Law
Most municipalities within the state have fencing ordinances that govern the height and location of fences. Fencing ordinances vary considerably, so an accurate understanding of applicable local law is essential to creating a proper boundary line fence that will be both effective and permissibly erected. Determining the location of the fence is no simple task, especially in older neighborhoods where improvements may have been constructed prior to adopton of local ordinances. Many municipalities limit the height for side and rear fences to either 5 or 6 feet, may require front gates to be at least 25 feet back from the front property line, and have restrictions on the type of materials permitted. For example, many ordinances or local rules prohibit the use of barbed or barbed welded wire, electrical, and razor ribbon fencing.
In addition to constituting a boundary line fence, fencing ordinances may define other types of fences, such as ornamental fencing and zone or property line fences, which are different from a boundary line fence. Some ordinances permit the use of evergreen trees to serve as zone or property line fences if the trees are regularly maintained and of certain required height. Violations of the fencing ordinance are enforceable by municipal code red by either a fine or a summons.
Property Line Disputes
Disputes over property lines and fences can become contentious very quickly. One of the most common causes of a fence dispute would begin with one property owner thinking that a fence is on their property and another owner disagreeing. Usually in this case, an argument can break out regarding who built the fence, how it was paid for, who will maintain the fence, how it can be used, etc. Most of the time, the fence will go right through the middle of the disputed boundary. On occasion, however, a property owner will build a fence on their neighbor’s property and a dispute will develop from there. Assuming that the two owners cannot come to an agreement, any resulting controversy can be resolved by court action.
Some states have a clear statute of limitations that applies to property line disputes. Another state may not have a statute of limitations at all. If a court action is to be avoided, it would be a good idea to contact your local land court and find out all of the facts, since every state has different laws and rules to follow.
Even though fences are usually easy to build and maintain, a property owner could be surprised that they cannot do whatever they want with a fence. A fence, especially a privacy fence, functions as a barrier, a boundary and a statement. As such, a fence may not be as simple as whatever looks good to the property owner. For example, the general rule for a fence is that if you want a fence on your property, you are free to build it wherever you want, even assuming that the fence goes into the property of your neighbor’s property. However, the real issue then becomes the costs of the fence and what will happen if the neighbor wants to remove the fence in the future.
There is also another rule concerning fences. Under real property law, an adjoining property owner has a right to "hot" their fence or "draw" water from their side of the boundary line, thus turning the boundary into a party wall. Of course, this right extends only to actual water walls, no matter how expensive the fence. Essentially, a water wall simply means that fence owners may install water conservation devices on their side of the fence. This right can also be used to protect the fence from minor harm by animals and wandering children. The fence must be fenced to protect it from major trash and animals that could cause serious harm.
So, the dispute is either settled easily with an understanding of the rules, or a court case is necessary.
Boundary Agreements and Easements
Boundary agreements and easements can provide important information about the location of property lines and easements that are present on the property. These agreements and easements can be difficult to find without a title search, however, they can be very important in preventing disputes. Since fence construction usually occurs near the boundary line this section of the blog is intended to educate readers on the important issues regarding boundary line agreements and easements that can affect fence construction.
Boundary agreements are typically called "boundary line agreements" but they are not always required to be recorded in the County Clerk’s office. Because these agreements are not required to be recorded they are often difficult to find. However, recognizing that the fence you are about to construct is within an agreed property line, or that the fence your neighbor is constructing is within the legal property line, it is important to know that a title search is often required to find out if a boundary agreement exists on the property. A canny fence builder will see evidence such as different and perhaps artificially placed markers on either side of the fence line being constructed . Often the new posts or rail of a wooden board fence will be set down slightly on either side of the fence line being constructed and the condition of the new fence will be different than the existing fence line. This is a signal that the fence builder should be mindful of the legal property lines.
Easements are another important area to consider before building. Easements are legal rights that are created for the benefit of parcel of land over the application of one parcel against the land of an adjacent parcel. Typically, easements for utilities or sewer lines may run through a residential property. Such easements can cause problems in fence construction if the fence is built on top of the easement. In some/many cases, the only permanent solution to this problem is the removal of the fence. If the fence is sufficiently high it may not present a problem for easement access, but avoid obstructing access into easement areas. Finally, construction of a fence along an easement line can obstruct the easement use, so prior consultation with the easement holder may be prudent before fence construction proceeds.
Tips for Preventing Fences from Becoming a Legal Headache
When planning or making an addition to a fence, there are a number of steps that homeowners should take to ensure that their project moves along smoothly. Notify your neighbor about your plans as soon as you can; this can avoid potential misunderstandings and help you maintain a good relationship with your neighbor while the work is done. In many cases, however, you may need your neighbor’s permission to build a fence on your property. As the Texas Fence Law FAQ notes, "You may not erect a fence on the property of another without the consent of the property owner." If your neighbor denies your request, you have the right to build the fence, but you may need to pay for any damage that the fence does to his or her property, such as by falling over or blocking sunlight to a garden. Before the work begins, perform an extensive survey of the surrounding area to ensure that no other fences border the land in question. In some cases, such as when a new fence lies adjacent to a historic fence that was built without a permit, your city may allow for exceptions. If you are replacing an existing fence, make sure that it lies within the property boundary lines and that it is entirely yours (not on a pathway, etc.). As always, refer to your cities fencing ordinances to ensure that your fence meets all requirements. By following these steps, you can move ahead with your new fence with confidence.
Conclusion and Further Information
In summary, whether you are a new homeowner or have just recently acquired a vacant lot that you wish to fence off, understanding the laws in your area regarding property lines, fences, and setbacks is of vital importance. While many people think of lawful fence construction as a simple matter of "find your property line, put a fence on it," a variety of local laws dictate the exact restrictions on your field of options. These can include detailed restrictions such as prohibitions on obstructing views, allowable height and material types for fences, and the enforcing authority responsible for levying fines for violations of these rules .
If your plans will result in a fence being placed in close proximity to the property line, make sure that you are certain of the location of the boundary markers and have had a discussion about the fence with the owners of neighboring properties. If there are no existing boundary markings, you may need to hire a professional land surveyor to mark the boundaries of your property before proceeding. If your plans are already underway and the fence has been a source of contention with your neighbors, seeking legal assistance may be a good idea.
For more information on common fence and property line laws across the nation, or for professional assistance from licensed attorneys in your zip code or town, contact FenceLaw.com today. Our team is ready to assist you with your issues.