Determining Rights: Who Owns Fence Between Properties?

Understanding property boundaries can often be complex, especially regarding shared features like fences. “Who Owns Fence Between Properties” is a common question homeowners face when maintaining, repairing, or replacing these structures. Read on as we explore the legal aspects and practical considerations that can help you determine who owns fence between properties and what responsibilities come with ownership. Whether you are a new property owner or have lived next to the same fence for years, gaining clarity on this topic is essential for fostering good neighborly relationships and avoiding potential disputes.

Real estate investors Steve Daria and Joleigh, who have extensive experience in property management, often encounter questions about fence ownership between neighboring properties. They emphasize the importance of understanding local property laws and communicating clearly with adjacent property owners. By addressing these issues proactively, Steve and Joleigh help ensure smoother transactions and maintain positive neighborly relationships.

Understanding Property Lines

Before determining who owns fence between properties, it’s crucial to understand where your property begins and ends. 

Property or boundary lines delineate where your land stops and your neighbor’s begins.

Strategies to Identify Who Owns Fence Between Properties

Discovering who owns fence between properties can be straightforward with the right strategies and considerations.

Review Your Property Deed

Your property deed stands as a crucial legal document that provides significant information about your property, including its boundaries, dimensions, and any easements or restrictions. 

By examining your deed, you can gain valuable insights into the exact location and extent of your property’s boundaries, helping you make informed decisions regarding fencing or other property-related matters. 

who owns fence between properties

Reviewing the deed thoroughly is essential to ensure accuracy and clarity regarding your property’s boundaries.

Check the Property Survey

A property survey is a detailed map or drawing illustrating a piece of land’s boundaries and physical features. 

When you got your property, you likely received a survey document outlining the location of your property lines and any easements, encroachments, or other relevant information. 

Reviewing the survey can help you confirm your property’s boundaries and avoid potential disputes with neighbors or encroachment on adjacent properties.

Hire a Professional Surveyor

If there is any uncertainty or disagreement regarding your property boundaries, it’s better to enlist the services of a licensed surveyor. 

An experienced surveyor has the expertise and tools to determine property lines and resolve boundary disputes accurately. 

They will thoroughly survey your property using advanced techniques such as GPS technology and boundary markers, providing precise measurements and boundary descriptions. 

Hiring a surveyor can provide peace of mind and legal certainty regarding your property boundaries.

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Erecting a Fence: Rights and Responsibilities

Understanding your rights and obligations when it’s time to put up a fence is critical to maintaining good neighborly relations and complying with local laws.

What Are the Legal Requirements?

  • Know the Local Ordinances: Before installation, check with your local municipality for specific regulations regarding the height, materials, and setback requirements for a fence between properties.
  • Seek Permission if Needed: In some areas, you may need a permit or approval from your local planning department or homeowners’ association.

Should You Talk to Your Neighbor?

Communication is critical, mainly when a fence affects you and your neighbor. 

Here are a few reasons why discussing your fencing plans with your neighbor is a good strategy:

  • They might contribute to the cost.
  • It can avoid disputes over the placement.
  • It helps maintain a friendly relationship.

Costs and Maintenance

A common question among homeowners is about the cost of a fence and the maintenance responsibility between properties.

Who Pays?

Neighbors may agree to share the costs if the fence benefits both parties and is placed on the property line. 

However, if one party prefers a more expensive design, they might incur additional expenses.

Maintenance Dutivalence

The responsibility for maintaining a shared fence typically falls on both property owners. 

Regularly check with your neighbor to discuss upkeep and potential issues.

Disputes and Resolution

Fence disputes can sometimes lead to tension between neighbors. 

Here are a few tips to resolve conflicts amicably:

Open Communication

Open and honest conversations with your neighbor about the fence issue can prevent misunderstandings and foster a positive relationship. 

Communicate your concerns, listen to their perspectives, and discuss suggestions for a mutually beneficial solution. 

This approach often leads to a resolution without legal intervention, preserving neighborly harmony.

who owns the fence between properties


In cases where direct communication fails to resolve the dispute, mediation can provide a structured environment for negotiation and compromise. 

A neutral third party, such as a mediator, can facilitate discussions, clarify misunderstandings, and help both parties reach a mutually acceptable agreement. 

Mediation is often less adversarial and costly than legal proceedings, making it a valuable option for resolving fence disputes.

Legal Advice

If communication and mediation efforts are unsuccessful or the dispute escalates, seeking legal advice becomes necessary to understand your rights and legal options fully. 

A qualified attorney can review the relevant laws, assess the specifics of your case, and provide guidance on how to proceed. 

Legal counsel can help protect your interests, navigate complex legal processes, and pursue appropriate remedies if litigation becomes necessary.


Navigating who owns fence between properties in Florida is essential for homeowners seeking to install or maintain fences. Understanding property boundaries, legal requirements, and communication strategies with neighbors is crucial. Costs, maintenance responsibilities, and potential disputes should also be considered to make sure a smooth installation process and positive neighborly relations. 

Seeking legal advice, conducting land surveys, and documenting agreements can help mitigate conflicts and uphold property rights. By approaching fence installation with diligence, communication, and legal awareness, homeowners can enjoy the benefits of privacy and security while maintaining harmonious relationships with neighbors.

**NOTICE:  Please note that the content presented in this post is intended solely for informational and educational purposes. It should not be construed as legal or financial advice or relied upon as a replacement for consultation with a qualified attorney or CPA. For specific guidance on legal or financial matters, readers are encouraged to seek professional assistance from an attorney, CPA, or other appropriate professional regarding the subject matter.

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