Do You Need Your Neighbor's Permission to Put Up a Fence? Here's What Experts Say

Installing a fence has many benefits. It can keep your children or pets secure, and it can discourage wildlife from trekking through your space. Most of the time, your next-door neighbors will be sympathetic to these needs—but there's always a chance that building one can become contentious.

But do you need a neighbor's permission before installing a fence? Here, we spoke to legal and fencing experts about the matter, how you should ask, as well as other important details.

Can You Put Up a Fence Without Your Neighbor’s Permission? 

Generally speaking, you do not need your neighbor's consent to install a fence within your own property lines. However, there are certain exceptions to this rule, according to Zachary Gotlib, a residential real estate attorney with Gotlib Law Office. 

“If the fence is a partition fence—meaning it is on the property line of two properties—a neighbor's consent is required,” he says. “Additionally, if the property is part of a homeowner's association, consent of the HOA is required.” 

Nick Heimlich, attorney and owner of Nick Heimlich Law, stresses the importance of knowing exactly where your property line falls. “Most house owners end up in trouble since they don't check the precise location of their property line,” he says. “Incorrect assumptions about the boundaries are the cause of about 60 percent of the fence disputes I observe.”

Heimlich suggests the following: 

• Get a professional survey: It's estimated to be around $400 to $800, but it saves thousands in potential court expenses.
• Construct inside your property line: Your neighbor is allowed to insist on the removal of your fence even if it is only one inch on their property. 
• Check local building codes and HOA requirements: Some cities may require permits for fences over a certain height, and some neighborhoods might have certain style requirements.

Should You Ask Your Neighbor First? 

Once you’ve verified your property line and any local or neighborhood restrictions, discussing the future fence with neighbors is completely up to the individual.

“Fences are oftentimes connected to one another, so a neighbor may find a fence beneficial if they too have been considering adding one,” says Alec Cantley, a real estate broker associate at Premier Sotheby's International Realty. “Most neighbors are understanding, especially if it's a nicely designed fence, and maintained regularly.”

As the owner of Irish Iron, a wrought-iron gate supplier, William Hill has installed hundreds of fences. “The jobs that go smoothly usually start with a simple conversation between neighbors,” he says. “Even if you’re within your rights, blindsiding someone never ends well. Just being upfront about it goes a long way.”

Gotlib always advises clients to treat their neighbors how they would want to be treated.

“Neighbors have the ability to enhance your life or detract from it,” he says. “While the neighbor may not have legal recourse for the installation of a fence on your own property, they certainly can make life difficult. As long as you inform the neighbor that you will maintain the fence, there should be no reason for them to say no."

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How to Ask

Asking a neighbor to install a fence on your own property sounds simple enough, but it can make people uneasy.

“It's best to approach the neighbor in a calm and clear demeanor, letting them know you intend to install a fence—but will do so as to not interfere with their use of their own property,” Gotlib says. “You should also inform them that you agree to be responsible for maintaining the fence.” 

Prior to installation, conduct a survey to best understand where your property line ends. “This will help ensure that the fence is installed solely on your property, so as to not face legal challenges from a neighbor,” he adds. “Once completed, a homeowner can have an updated survey conducted to confirm."

Hill says there’s an unspoken rule that you should always follow. “Face the good side of the fence toward your neighbor or the street,” he says. “Also, if you’ve got dogs or kids, think about that when picking the fence. Privacy’s one thing, but making sure stuff stays in (or out) is just as important.”