A Concise Guide to Help Determine Where to Build Your New Fence
You’ve decided that you want to build a new fence on your property. Perhaps you’re seeking the extra security and privacy that a fence offers. Perhaps it’s for aesthetics. Or perhaps you would like to mark the boundary line between you and your neighbor’s property, keeping the delineation neat and tidy.
What you may not know is that placing a new fence can have legal implications that are important to be aware of. Read on to learn more about these considerations. Empowering yourself with this knowledge is key to preventing disputes later.
Preliminary Considerations
Check Your County and Municipal Rules
Before building any fence, please review your applicable county and municipal rules. There may be a setback requirement from the boundary line or restrictions regarding the height of the fence. Additionally, certain projects may require approval and/or a permit.
A quick way to find your city or county’s relevant rules and regulations is by searching “[your city/county] and fence permit.”
Hire a Surveyor
Awareness of the legal boundary line is essential to know before placing a boundary fence, or boundary adjacent fence. All too often property owners make estimations of the boundary line based on what they know or what has been there in the past, especially if they have resided on the property for many years. Although the cost of a survey can be a few thousand dollars, obtaining a survey prior to installing a fence can save you time and thousands of dollars in legal expenses later. It is imperative to know where the boundaries are according to the recorded legal description of the property or any fence that was previously there.
Choosing the Location of Your Fence
Now that you’ve reviewed your local rules and hired a surveyor, it’s time to decide where to place your fence. For the purposes of this guide, we’ll discuss two options: a boundary fence and a boundary adjacent fence, completely on your property.
Considerations for Boundary Fences
As the name suggests, a boundary fence is one that sits perfectly on the legal boundary line between the properties.
Under Washington law, the ownership of a boundary fence is shared equally between the neighboring property owners. RCW 16.60.010 states that both neighbors are presumed to own the fence equally unless otherwise agreed upon. This means that each party has a stake in the fence, and both are generally responsible for its upkeep, repair, and replacement.
Per RCW 16.60.030, both property owners are jointly responsible for maintaining the fence. This includes ensuring it is in good repair and keeping it in a safe, functional condition. If one neighbor fails to contribute to maintenance, the other party may request their share of the costs. However, if the fence is damaged by one party’s actions (such as through intentional harm), that party may be liable for repairs.
Why Choose this Option
· The cost of the fence are split.
· It provides a clear, visual demarcation of the boundary line which can be helpful on obscured or heavily vegetated properties.
· If placed properly, it avoids risk of certain issues later, such as adverse possession.
Considerations For “Boundary Adjacent” Fences
If you decide to place the fence entirely on your side of the boundary line, the obvious benefit is total control over the maintenance and improvement of the fence. This can be particularly helpful if you are not comfortable bearing the risks and burdens of sharing ownership of the fence with your neighbor.
Builder Beware
There are potential long-term impacts that bear careful consideration. If you choose to build a fence on your property, the neighbor could eventually try to claim that part of your land through adverse possession. Additionally, if the fence is honored or perceived as the boundary line between your properties for long enough, it could become the legal boundary line through mutual acquiescence.
If your neighbor brings either claim (and is successful) you could lose title to that portion of your property (the area between the legal boundary line and the boundary adjacent fence). In places like Seattle, even a small loss in square footage can be several thousands of dollars of value
Fear not. There are steps you can take to reduce this risk:
· Ensure that you know the exact location of the legal boundary line in relation to your fence. Comply with setback requirements but consider placing the fence as close to the legal boundary line as possible.
· Take affirmative steps to consistently maintain the area between the boundary line and the fence. An example would be landscaping any existing vegetation.
· If you notice that your neighbor begins to use or develop the area between the boundary line and your fence, consider entering into a written agreement, such as an easement, for that area.
When the Worst Happens
Even if you do everything right, you may find yourself in a dispute. As a first step, it can be helpful to work with your neighbor to identify an amicable resolution, saving you stress, legal costs, and your neighborly relationship. However, where that isn’t possible, an experienced real estate attorney, like those at Holmquist + Gardiner, can provide clarity on your options and help protect your property rights.
This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, you can reach out to the team at Holmquist + Gardiner.
At Holmquist & Gardiner, Maia focuses primarily on construction, real estate, and business litigation. Leveraging her specialized knowledge in regulatory compliance, she also has the insight to assist clients with licensure, permitting, and enforcement action defense.
