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Bylaws Of Homeowners Without A Fence In Allegheny
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State:
Multi-State
County:
Allegheny
Control #:
US-00444
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FAQ
The “spite fence” doctrine prohibits a property owner from constructing a fence or other structure that interferes with a neighbor's access or enjoyment of his or her property, including access to light, air space, or a view, if the property owner's primary motivation is spiteful or malicious.
§ 6504. Whoever s, sets up, establishes, maintains, keeps or continues, or causes to be ed, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor of the second degree.
Maintaining Distance from the Property Line This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.
Spite Fences in Pennsylvania Sometime a fence is built for no other purpose than to harass a neighbor. This is commonly referred to as a spite fence. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles.
An encroachment is a situation where a building, structure, or something else goes beyond the boundary of the owner's land onto a neighbor's property. It is a form of trespass. An exploration of adverse possession and prescriptive easements is outside the scope of this guide.
You do not need a building permit for fences under 6 ½ feet tall, but need permits for fences taller than 6 ½ feet. For any and all fences you do need an occupancy permit. Click here for more information.
A permit is required for any fence over 30 inches tall. Fences between 30 inches and 6 feet tall are administratively reviewed by the Planning Department.
Typically, fences up to 2 meters (approximately 6.6ft) high are allowed without the need for planning permission. However, front garden fences have stricter regulations. Planning permission is usually required for fences over 1 meter high in the front garden.
Building a fence directly on a property line requires mutual agreement with the neighboring property owner. Without consent, you may have to adjust the placement, which could lead to legal disputes.