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.
New Jersey Agreement by Adjacent Landowners to Construct a Partition Fence with Each Party to Construct One-Half
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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.
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.
Alberta's Line Fence Act sets out rules and obligations that apply when a fence is erected for the purposes of keeping livestock belonging to one party from entering the adjoining land of another.
Fence Placement Fences can be placed on the property line or attached to a neighbor's fence only with the neighbor's written consent. Otherwise fences should be placed six inches to one foot away from the property line to avoid disputes in the future.
A building permit is not required to build a fence. However, if the fence is to be built on top of a retaining wall that is over 1.2 m (3.9 ft) in height, a building permit is required for the retaining wall.
There are rules on where a fence can be placed. A property owner can build a fence anywhere on their side of the dividing line between two properties (also called the property line). If a property owner wants to put a fence right along the property line, they can do so only if the owner of the adjacent property agrees.
Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.
Line fences mark the boundary between abutting properties. While section 3 of the Line Fences Act gives property owners the right to build and maintain line fences, it does not force property owners to build line fences to mark their boundaries.