This form is a sample notice from one landowner to an adjoining landowner who is refusing or failing to make repairs to a partition fence in accordance with an agreement between the adjoining landowners. This form is for illustrative purposes only. Local statutes must be consulted to determine specific requirements for such a notice.
Pennsylvania Notice to Adjoining Landowner to Repair Partition Fence
Category:
State:
Multi-State
Control #:
US-00946BG
Format:
Word;
Rich Text
Instant download
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FAQ
If you live in a neighborhood with a homeowner's association, there may be even more strict requirements than what your town or borough lays out. Who will own the fence? In Pennsylvania, a fence on the property line is shared between neighbors in PA in terms of cost of installation and maintenance or repair.
Defined boundaries are established by a legal document. Delimited boundaries are drawn on a map. Demarcated boundaries are identified by physical objects, like walls, signs, and fences.
Ask your neighbor if their home insurance covers damage to third parties. A neighbor may decide it's not worth it to make an insurance claim and pay out of pocket. You too, may also be able to make a claim to your home insurance provider and then your provider will recover costs from your neighbor's insurance company.
Pennsylvania has many laws that are unique to the state. One that affects the lives of many people is the PA Fence Law. Title 29, Purdon's Statutes, Section 41 dictates that any structure that divides two owners of adjacent properties must share equal responsibility bearing the cost.
Also known as boundary by consent or acquiescence, the doctrine allows property title to pass to the other owner where adjoining landowners establish a "mutually respected boundary either by mistake or dispute and compromise." The 21-year requirement can be met by adding time from one owner to his successor.
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.
There is no specific law in PA that makes spite fences illegal, but it can still be pursued under a nuisance law such as you have already began.
Once you know the local building code, you will know if you need to get a permit to build a fence. A permit is usually required. One exception to the permit requirement is if you are replacing a fence in the same spot; in this case, your fence will likely be grandfathered into the previous permit.
