Can I Build A Fence On My Own Land

So if you re having a problem related to placement or construction of a fence it s a good idea to check with your local planning department.

Can i build a fence on my own land.

If you re building a fence on a property line outside of the suburbs things can be simpler or more complicated depending on the neighbors. If you live in an area with a homeowner s association they may also have rules about fence placement not to mention what type of fence you can have in your front and back yards. An encroachment is tresspass without permission and you can do something about it. A problem could arise if the planned fence construction is so massive or odd that it violates a city ordinance or in some way infringes upon the rights of others even if it is located entirely on the owner s land.

If your neighbor has taken a few feet of your land when building his fence you can take steps to take back your. Often homeowners are barred from constructing a fence. A chattanooga area homeowner s association can make even more restrictive rules governing color and placement of a fence or not allow a fence that is otherwise acceptable to the city. Homeowners are often required to obtain a permit prior to constructing a fence and a permit should indicate where a fence can and cannot go.

Your hoa can lay down rules about fence height setback distance and so on to make sure that you convey these rules to your fencing company before work gets started. The possession must be open and notorious again building an encroaching fence fully qualifies. In most cases a fence on your own property that is close to the boundary line is still subject to fence laws. Since zoning regulations can vary significantly from state to state homeowners should hire a real estate agent when buying or selling a home with a questionable fence.

The possession must be exclusive and continuous for some qualifying period of time. The possession must be actual building an encroaching fence fully qualifies. If he wants to build a fence he can build it without anyone s permission as long as it is on his land. You re more likely to be permitted to build right on the property line in a densely populated area but it varies.

If you re putting up a fence and you re the only one using it for a boundary then you have sole liability for it. The fact that your neighbors are not actively using the portion of your land behind their fence would not stop them from asserting an ownership claim based on adverse possession.