West Virginia Fence Line Agreement

State:
Multi-State
Control #:
US-13395BG
Format:
Word; 
Rich Text
Instant download

Description

An agreed boundary is when property owners approve a new line dividing their properties. The line may not be the true boundary, and it does not have legal force until both parties sign a lot line agreement.
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FAQ

Yes, you can typically place your fence next to your neighbor’s fence, provided it does not violate local zoning laws. It's always best to communicate with your neighbor before starting this kind of project to avoid misunderstandings. Utilizing the West Virginia Fence Line Agreement can inform you about your rights and obligations in such situations. Ensuring clear boundaries can lead to a cooperative relationship with your neighbor.

Customers having new fencing installed often ask us exactly where they should position their new fence. Getting it right avoids (potentially costly) disputes over encroachment in the future. As a rule of thumb, the outer face of the fence should be placed along the boundary. The posts should stand on your land.

How Close To The Property Line Can I Build? 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 should try to figure out where the boundary between the two properties is. As long as it's not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way.

Yes. The Party Wall Act permits you to build up to or astride the line of junction/boundary with your neighbour, but the correct notices must be served and the correct process followed.

In most cases, if you add an outdoor structure such as a fence, you need a permit. However, it specifically depends on the codes, zoning and regulations of where you live. In some cases, you may not need a permit but you must adhere to the local regulations regarding height limits and specific fence materials.

Boundary FencesPartition fences must be "lawful" as defined by West Virginia Code, unless the adjoining landowners agree in writing to build a fence of different specifications.

Additionally, West Virginia has a special statute for hedge fences. A hedge fence may not extend more than 18 inches over the dividing line of a neighbor's property or into a public road. A violation of this statute could result in a 10 day notice to correct the problem.

The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 10 feet, while the front and back require around 10 20 feet at a minimum.

West Virginia fencing requirements state that most fences should be at least four feet high for both property boundaries and those along public right of ways. Worm rail fences must be 4 1/2 feet tall, while stone fences need only be 3 1/2 feet tall and 2 feet wide.

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West Virginia Fence Line Agreement