Delaware Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property

State:
Multi-State
Control #:
US-00944BG
Format:
Word; 
Rich Text
Instant download

Description

Statutory regulation of partition fences exists in many states. Such statutes may require a particular kind of fence and prohibit other kinds of fences, and may establish certain requirements of cooperation between adjoining landowners as to partition fences. Even where statutory regulation exists, adjoining landowners are usually free to execute agreements with respect to fences that are at variance from the requirements of the statutes. If there is no applicable statute, control over the construction and maintenance of fences is usually regulated by agreement between the adjoining landowners.

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FAQ

Is a building permit required and who needs to obtain it? Some home improvement projects do not require a building permit, such as most fences and patios, sidewalks, siding, and sheds of 200 square feet or less. Please review a detailed list of when a permit is or is not required.

Fence Height and Permits ing to the California Building Code, Chapter 1, Section 105.2., a permit isn't required if the fence is less than seven feet tall. However, keep in mind that you must still follow any other applicable laws and ordinances. There are still rules about the design or placement of the fence.

Yes for sheds, carports, fences, decks, ramps, swimming pools over 2 feet deep, finishing a basement or attic, demolitions, and roofing replacement. Projects involving structural changes such as the addition or removal of a wall or reconfiguring windows require a building permit.

Therefore, based on the property fence laws in Delaware you can erect the fence as long as the fence is at least 2 inches from the property line. Local zoning ordinances regarding fence appearance, location, construction material, and height are the only guidelines that can be restricted.

Electric and barbed wire fences are only permitted for the retention of livestock and when not a safety hazard to the public. No sharp or pointed projections on fences less than four feet high. Barbed wire and other retarding material may be on top of fence that is at least six feet, nine inches high.

The Building Permit Fee includes the Permit Review Fee, Zoning Review Fee, NCC Volunteer Fire Assistance Fund Fee and the Certificate of Occupancy Fee. The minimum fee is $142.00. Additional fees may apply. Please contact the Permits Section at 302-395-5420 with any questions.

Although there are no specific fence laws in Delaware, the courts recognize the common law principle that fences are prohibited from being built for no other reason than to disturb neighbors. A neighbor who has suffered damage to such a fence can demand compensation for the damage and for the fence to be removed.

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Delaware Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property