How to Tell Who Owns a Fence Between Two Properties
Hi everyone! D.J. Marcussen here, owner of Fence Company Near Me. Following up on our chat about building a fence on the property line, another super common question we get here in Pinellas is, “Who actually owns this fence between my house and my neighbor’s?” Determining ownership is often the first, and most delicate, step before you can talk about repairs, replacement, or maintenance. Knowing who owns it clarifies who has the final say and who is responsible for the costs.
The most common, but not always definitive, indicator is the “good side/bad side” rule. For many fence styles, like wood privacy fences, there is a distinct “finished” side with the smooth planks, and a “structural” side where the posts and horizontal rails are visible. Traditionally, the neighbor who installed the fence places the structural side, or the “bad side,” facing their own yard, giving the more attractive, “good side” to the neighbor. In this scenario, the fence is generally considered to be owned by the person who has the “bad side,” meaning it was built entirely on their property, facing outward. While this is a helpful clue, it’s not always legally binding proof, as some people simply choose the structural side for their own yard for aesthetic reasons.
The only way to definitively prove who owns the fence is to look at the property survey. This is the document that legally defines the boundaries of your property. If the entire fence, including the posts and the foundation, sits entirely on your side of the property line, then you own it and have the final say on maintenance and replacement. If the fence sits entirely on your neighbor’s side of the line, then they own it. The same rule applies if the fence was installed slightly inside the line, which, as we discussed, is a common practice to avoid disputes. If you don’t have a recent survey, getting one done is the most reliable way to settle any ownership questions.
Sometimes, the fence is a “boundary fence,” meaning it was built precisely on the property line for mutual benefit. In this case, the fence is generally considered to be jointly owned by both property owners. This typically happens when neighbors have agreed to share the costs of installation and maintenance. If your home is part of a Homeowners Association, or if you purchased the home recently, check your deed or any records the previous owners may have passed along. Sometimes, written agreements about the boundary fence were recorded with the property, which dictates shared ownership and responsibility.
If the ownership isn’t clear from the “good side/bad side” rule and you don’t have a survey, the best approach is to communicate respectfully with your neighbor. Instead of asking “Who owns this?”, you might ask, “I see the fence needs some work, and I’d like to talk about how we can share the cost of the repair.” You may discover that a previous owner paid for the fence and you can establish a new, joint agreement for moving forward. If you and your neighbor are both unsure of the boundary, agreeing to split the cost of a survey is usually the wisest investment before spending money on construction.
Ultimately, whether you own the fence or not, the decision to maintain a good relationship with your neighbor often outweighs the desire to assert full ownership. A little cooperation goes a long way toward ensuring both properties stay secure and look great.
Until next time, this is D.J. Marcussen, your friendly fence guy, reminding you that a solid fence leads to solid peace of mind!
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