North Carolina Agreement between Adjoining Landowners to Maintain Partition Fence
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How to fill out Agreement Between Adjoining Landowners To Maintain Partition Fence?
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FAQ
Spite Fence Rules A fence that serves no beneficial use to an owner and erected only to annoy a neighbor can be considered a nuisance. North Carolina courts have found a fence to be a "spite fence" if it blocks a neighbor's air and light without serving any legitimate purpose.
If the fence is located in the side or rear yard, the maximum allowed height is 8 feet, unless on a corner lot. When a fence is located in the front yard, the maximum allowed height is 4 feet. A permit is required when the fence/wall is used as a pool barrier on parcels of single family dwellings.
In the state of North Carolina the law on encroachment is dealt with as ?continuing trespass?. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment.
If you are planning to add or move a fence, or replace 50% or more of an existing fence at your residential property, you must first obtain permits from the City before beginning construction. A zoning permit is required when a fence is installed on any 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.
You can place a fence anywhere on your property, with the exception of any easements and/or rights of way. You are advised to stay at least six (6) inches off of your property line to avoid any civil disputes with your neighbor(s).
If the fence is between the two properties, it's customary to split the costs between the property owners. However, if it's solely on your property or theirs, whoever owns the property the fence is located on should expect to pay the total cost of installation and maintenance.