Delaware Agreement between Adjoining Landowners to Maintain Partition Fence

State:
Multi-State
Control #:
US-13402BG
Format:
Word; 
Rich Text
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Description

A Partition fence means a fence that is located on the division line between the adjoining properties of two owners. This form is a sample of an agreement to maintain such a fence.
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FAQ

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.

All construction in Sussex County, whether new, remodeling or additions, requires a Sussex County issued building permit. County permits are required for all construction activity regardless of whether in a municipality or the unincorporated areas of the county.

Lawful fences; height; barbed wire. A good fence of wood, iron, wood and iron rods or wire, stone, or well set thorn, 41/2 feet high or 4 feet high and having a ditch within 2 feet of it, shall be deemed a lawful fence in New Castle and Kent Counties, and in Sussex County 4 feet shall be the height of lawful fences.

The NYC Building Code generally allows a maximum fence height of 10 feet, and the NYC Zoning Resolution outlines additional height limits: Residential districts: 6 feet, BC §3112.1. Residential front yard fences: 4 feet, ZR §23-44. Residential side of corner lot: 6 feet, ZR §23-44.

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.

Swimming pool fences are a necessary and legal requirement throughout the three counties in Delaware. Although the state does not have specific laws for residential pools each county does.

Setbacks from Residential houses The minimum distance from the back and side property lines should be 10 feet and 3 feet from any easement. For lots with a width of 50 feet or less, the distance from side property lines will be 5 feet.

Fences, Walls & Signs - Residential setback is 3 ½ ft.

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Delaware Agreement between Adjoining Landowners to Maintain Partition Fence