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.
Virginia 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
No permit is required to a fence. Fences may not exceed six (6) feet in height. Fences may be placed up to the property line, except for on a corner lot: corner lots require fences to be placed a minimum of ten (10) feet back from the property line on the non-addressed roadway.
§ 55.1-2821. Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.
Indiana case law has held just as the statute states, that the line fence is to be placed on the boundary line. Yet disputes may develop as to what is the proper place for the fence.
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.
Driveways and fences can be right up to the property line as long as they do not encroach on the neighboring property. However, it is recommended that fences and driveways be kept a few feet inside the property line for maintenance purposes.
A building permit is required for any structure over 256 square feet and the setbacks could range from 5' to 15' from the sides and rear property lines. A copy of the property survey is required.
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.
Driveways and fences can be right up to the property line as long as they do not encroach on the neighboring property. However, it is recommended that fences and driveways be kept a few feet inside the property line for maintenance purposes.
The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, ...
A permit is required to or replace a fence (no permit is required to replace 8 feet of fencing or less). If erecting a fence that is not for a pool barrier requirement, please apply via our eBUILD system for a Zoning / Fence permit.