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.
Washington Agreement Between Adjoining Landowners to Maintain Fence Partitioning Agriculture Property
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US-00944BG
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How to fill out Agreement Between Adjoining Landowners To Maintain Fence Partitioning Agriculture Property?
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FAQ
Does my Neighbor Have To Pay For Half The Fence? This can depend on the state, but the answer is probably yes. For example, here in Washington State, a landowner building a boundary fence along a property line is allowed to seek reimbursement from their neighboring owner for half the fence's cost.
As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.
Tree Trimming Rules In most circumstances, a property owner has the right to trim encroaching tree branches up to the property line. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass.
I am writing to advise that I propose to erect a dividing fence on the boundary line between our properties at (your property address) and (the adjoining property address). The fence I wish to erect is a (description of the fence including type, length, height, material and colour).
The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost. If one party refuses to cooperate, the other party can do any of the following: Write a letter to the neighbor explaining the problem with the fence.
Fence placement You have this right ing to the Good Neighbor Fence Law in Washington state. The Good Neighbor Fence Law also requires you and your neighbor to split costs of maintaining and repairing the fence. This law exists because both property owners are seen to be equally benefiting from the new fence.
Ing to Washington State law, when a person erects a fence on their property boundary line, and the adjoining landowner uses that fence to enclose their property, the adjoining landowner is required to pay the fence owner half the value of the partition fence.
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.