A common issue that pops up when homeowners seek to have old fences removed or replaced is - who owns them?
Fences installed along property lines are the common causes of bad blood between neighbors, as many times fence ownership is only assumed.
A fence company that comes to do the replacement cannot determine who is legally responsible for the structure either.
Before any homeowner invests in new fencing or demands that an old one is the responsibility of their neighbor, someone must confirm which party is actually the owner.
What Determines Ownership Of A Fence?
Ownership of a fence is determined by property lines.
Whichever side of the property line the fencing sits on, that property owner is the owner of the structure, regardless of which neighbor actually installed it.
The problem is that many homeowners who either claim or refute ownership of installed fencing do not know definitively which side of the property line the fence actually sits on.
A property owner who runs into trouble with a neighbor over who is responsible for paying a fencing company to replace or remove bad fencing must have some kind of proof which neighbor is actually responsible and has the authority to make those changes.
How Can Fence Ownership Be Accurately Proven?
Knowing which neighbor has the right to remove, replace, or modify fences requires confirming where the property lines are and which side the fences are installed on.
One way this can be done is for both neighbors to find the property markers for their lots, if they are still intact and locatable, and mark off the property line themselves.
The better way to do it would be to have surveyors research the property lines using official documents, then measure and mark where the property line is.
Fence companies naturally recommend the latter method as it is official and utilizes the information found on property deeds to determine the actual property lines
What Rights Apply Regarding Fence Ownership?
When considering a new fence installation or removing an old fence, it is essential to determine whose side of the property line the structure lies on, as it is that person who has legal control of it.
If a property owner invests money in a new fence only to later find out that it is on their neighbor’s property, they have unfortunately bought their neighbor an expensive gift.
Conversely, if fencing becomes damaged and must be repaired, it should be the responsibility of the person who actually owns it.
Confirm Fence Ownership Before Making Any Changes
Whether the issue is wanting to install nicer fencing or that there is a need for repairs, it is important to first determine whose is responsible for the fence.
Doing so can reduce the tension between neighbors when a need to call a fencing company for repairs or replacement occurs.
It also gives neighbors a chance to work together to get the barrier handled if finances are a problem when a new fence is required.
As a last resort, understanding who controls the fence line also gives a property owner the capability to put up their own new fencing if they wish to, positioning it on their side of the actual property line.
Through surveying or personally locating property line markers, homeowners wishing to make changes to existing fences will have a better understanding of their legal options.
