Building a Fence? Check if Your Neighbor Can Legally Force You to Tear It Down
Fences are having a moment in the U.S.—and not just because they look nice. With online shopping still booming, porch theft is a real reason people want a closed gate and a little privacy. An official report put package theft at at least 58 million stolen packages in 2024.
But here’s the part DIY plans don’t always mention: your neighbor may be able to make your shiny new fence disappear if you miss one deceptively simple rule.
The One Rule That Triggers Most “Tear It Down” Fights: Don’t Guess the Property Line
The biggest fence mistake isn’t picking the “wrong” wood or setting posts slightly crooked—it’s building even a few inches over the legal boundary. That’s called an encroachment, and it can turn into a formal dispute where the remedy may include removing the encroaching structure.
If you only take one step before buying materials, make it this: verify the line with reliable markers, your plat/survey, or—when anything looks questionable—a professional survey. In the case of fence boundary disputes, an encroaching owner may be liable for removal and replacement.
Translation: “It looks about right” is not a measurement.
Why This is Extra Relevant Right Now
When more life happens at home, boundaries feel… more boundary-ish. People notice foot traffic, sightlines, noise, and who’s using which side yard. Add high property values, and a small fence-line error can quickly become a big deal—especially if it affects resale, access, or utilities.
Before You Dig: The Fast Checklist That Prevents Most Fence Drama
1) Locate your boundary info: Look for corner pins, existing monuments, a recorded plat, or an old survey. If anything doesn’t match what you see on the ground, treat that as a red flag—not a “close enough.”
2) Check your local fence permit + height rules: These vary wildly by city and even neighborhood zone. Some places limit typical residential fences around 6 feet (with specific allowances), while others require a zoning permit even for standard installs.
3) Don’t ignore easements: A fence that blocks an established easement (utility access, shared drive, drainage, etc.) can violate someone else’s legal right to use it—meaning you may be forced to alter or remove it.
4) Call 811 before you dig: Fence posts count as excavation. Calling 811 is a key damage-prevention step, and DOT cites research showing people who call first have a 99% chance of avoiding an incident.
5) Home Owner’s Association (HOA) or historic district? Get the “yes” in writing: Verbal approvals are how people end up rebuilding the same fence twice.
The Neighbor-Proof Way to Build (Without Making It Weird)
- Talk before you trench. A simple heads-up (“I’m planning a fence—mind if I show you where the line is?”) prevents surprises.
- String-line it and document it. Take a few photos of your stakes, measurements, and any visible markers.
- When in doubt, build slightly inside your line. Losing a couple of inches of yard beats losing the entire fence.
Already Started—or Already Built It?
If a neighbor questions placement, pause work and verify the boundary immediately. Resolving it early is almost always cheaper (and less stressful) than fighting after the concrete is set.
DIY note: This is general information, not legal advice—local rules can be strict and surprisingly specific. When you’re unsure, your city/county building department (and your plat/survey) is the real starting point for guidance.
Maria
