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.
Maryland Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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US-00945BG
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How to fill out Agreement By Adjacent Landowners To Construct A Partition Fence With Each Party To Construct One-Half?
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FAQ
What does the law say on who gets the smooth side of the fence? We've already touched upon this above, but it's well worth reiterating as it can cause confusion. The rules are that the fence posts must be on the owners side of the boundary, but there is no law that states the smooth side must face either way.
There really isn't a ?good? side. Some customers feel that the smooth side or the picket fence side is nicer looking and so many prefer to see this side. It is important to note that any fence visible from the street should have the smooth side facing out toward the street. Many if not most HOA's require this.
Forget anything you've been told about ?left-hand? or ?right-hand? rules - they don't exist. Looking can give you a clue: walls and fences are most likely to have been built on the land that belongs to the boundary's owner with the further edge of the wall marking the actual boundary.
Generally, to be polite you should give your neighbour the good side of the fence which means even though you've paid for the fence you will then end up with the not so nice side.
Maryland doesn't have specific rules dealing with fences. Instead, the state follows the common law practice that a fence built along a boundary line is owned in common by both property owners when both use the fence, unless otherwise agreed.
An example If your neighbor has a history of complaining about noise coming from your backyard pool and he suddenly builds a fence that is so tall that it blocks the sun to your pool, this could be a spite fence. By blocking the sun, your neighbor knows you will not use your pool as much.
Homeowners associations (HOAs) can no longer deny building a fence for security. ing to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property.
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.