Statutes in many states regulate the establishment, apportionment, and maintenance of partition or division fences. The statutes generally require owners of adjoining lands to share or contribute equally to the erection or maintenance of such fences, unless the rights and obligations of the parties have been fixed differently by agreement.
Idaho Complaint Against Adjoining Landowner to Recover Proportionate Share of Cost of Construction of Fence
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Solid or closed non-vision fences to a height of 36 inches or open-vision type fences to a height of 48 inches, may be built along the front property line and along the side property line to the front yard setback, except that a fence of 72 inches in height may be built upon street and side property lines from the ...
Idaho is a ?fence out? state. That means that in open range, a landowner is required to construct fences to keep livestock off their property. In areas that are not open range, such as herd districts or cities, it changes to ?fence in,? which means the burden to fence shifts to the livestock owner.
Idaho case law holds that a property owner can't erect a structure for the sole purpose of harming a neighbor. A spite fence that serves no useful purpose can give rise to a request for injunctive relief or damages.
Residential Fences & Retaining Walls, regardless of height, in any front yard area or along any street, shall first obtain a Fence Permit from the Planning and Zoning Department by submitting a completed Fence Permit Application. Design Review is not required.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
