It can create a cloud on the title. If it is off the property line. the new owner can ask you to move it. Before installing a fence look for iron pins marking property lines to void future problems.

David, there are actually laws in place for fences and property lines to help protect homeowners.

First and foremost, you and your neighbor need to have a survey of each property completed that stakes the corners of the property. I would then take string and attach it to the front corner and the back corner that runs along on the property line of you and your neighbors that want to fence.

If the fence is within 6 inches of the property line, the fence is common between you and your neighbor and he could then connect without your permission and he would be responsible for the maintenance on his side of the fence and you your side. If the fence is more than 6 inches of the property line and he connected without permission, he would then be encroaching which could create an issue for a buyer when you place your home for sale in the future. Most people do choose to place the fence within 6 inches of the property line as it looks cleaner to have fences connected versus two fences 12 inches apart with weeds growing up between. Most neighborhoods covenants and restrictions require fences to connect versus two fences 12 inches apart.

So to answer your question, what you need to watch out for is you encroaching on your neighbors property or your neighbor encroaching on your property. If you place the fence within 6 inches of the property line each side basically placing the fence on the property line then you do not need to worry about encroaching. Any agreements between you and your neighbor will not carry forward with the buyer that buys your home or the buyer that buys there home unless you have an attorney draw up the agreement and it is deeded to both properties and recorded within the county you live.

I am not an attorney, therefore, I cannot provide legal advise. If you and your neighbor want a legally binding document then I would recommend that you contact an attorney. I would be happy to recommend a real estate attorney to you.

The short answer: if you're installing a fence and sharing the cost, you'll want to have some sort of agreement in writing.

The big thing for resale is that if you are too far over into your neighbor's property or into yours you might have an issue with the new buyer.

You certainly should consider the answers here (even the ones who are out of state) ... most people don't necessarily do those things and most won't have issues.

Then again it's like Title Insurance. 95% of the people with title insurance don't need it, but that 5% sure are glad they bought it (or wish they did). Same here, better be safe then sorry.

Dear David,

Because my husband is in the Land Surveying industry and I a Realtor, I feel qualified to let you know whats what with this senario.

1. Be sure you know where the property line is located. Usually the fence builder will erect the fence a couple feet shy or inside their lot from the true line.

In this case you all are sharing the cost. So placement is key. - I would recommend you spend the money and have the property surveyed if you have not already. Let the surveyors take on the liability, rather than you looking at each other in a few years if their is a problem and the new neighbor wants it moved.

2. The fence owner usually faces the stud side of the fence to their house and the nice side of the fence to the neighbors. I have been known to ask an owner if the fence facing your house is theirs or the neighbors to be sure. But because of industry practices, that is - in the fencing industry, the above is usually the case. You would certainly want to let any new owners understand the ownership.

3. When you create a new boundary-you could include it on a description as a new monument if you really wanted to. I don't see any reason to include it on a deed unless you feel a need to. I might make a note to explain the fence to a new owner and leave it at that.

4. Be sure you are not placing the fence over any easments by a local utility or other encumbrance. If there is a need to dig up that area the utility company MAY NOT HAVE TO fix your fence.

5. LAstly choose a fence that will last awhile. Good fences make good neighbors but if your constantly rebuilding it and its costing you money, this might be more of an irritating venture than a quick and simple chore.

Good Luck , Hope we have helped.
-Karissa

David,

I think Janet nailed it! Maybe she can help you with the fence!

As Janet was discussing future maint. you may want to take that into consideration when choosing what kind of fence you will put up. Typical wooden privacy fences are less expensive, but do require some work overtime. Take a look at the newer solid vinyl fences. It will never need any maintenance other than an annual pressure washing.

Since you are splitting the cost with your neighbor why not get the best!

First, be sure that you have a survey and that you both keep copies of it so that you can show potential future buyers excatly where the fence is on paper. Next, reduce your agreement to a signed writing. If the fence will require maintenance, do you want to set up a schedule for that;e.g.; it will be painted in 5 years? Or, do you simply want to say that when you agree that it needs maintenance and/or repairs you will split the cost? Finally, understand that any such agreement will only be as good as your relationship with your neighbor. If things deteriorate for whatever reason you may well be faced with having to maintain the fence yourself. I hope that for you a good fence does indeed make a good neighbor ~ good luck!

I agree, disclosure but get everything in writing now with your neighbor. That way, if you move and he/she doesn't, the new owner has some peace of mind that it was done w/ permission and agreed on.

Disclosure! You must state this in your sellers disclosure when selling your home. When installing a fence, any portion of the fence that "touches" your home is considered a fixture and can't be removed when selling. If it touches an adjoining fence that does not touch your home, the cost to repair or replace is generally a shared expense with the two parties. Noting this in the disclosure by both parties will prevent problems in the future with new owners who may not want to contribute to the cost.