Taking the Mystery Out of Residential Fencing

Perhaps no other aspect of home ownership has more mystery, creates more confusion and is the cause of poor neighbor relations than residential fencing. This is particularly true when moving into an established neighborhood where people have a certain way of doing things. We'll take a closer look at fencing around a home, who owns it and who handles its maintenance. We'll explore who should replace it when necessary, and what regulations may surround any new fencing. We will also take a look at when, and if, homeowners insurance will cover fencing issues. 

Who Owns the Fencing Around a Property?  

There are some good clues to look for. First, is all the fencing around a yard all the same type and approximate age? If it is, odds are pretty good that the fencing belongs to that property owner. If the same fencing surrounds another home, but borders your home on a single side, then it is likely that your neighbor owns it.

You can also look to see if fencing attaches to any outbuildings or a house itself. Odds are good if the fencing connects to a structure on a property the owner of the structure is the owner of the fence. If it is not clear visually who owns the fencing, you may have to secure a survey. 

Securing a Property Line Survey  

If a property is in a newer neighborhood, then your county or town might have a survey that delineates property lines. You may otherwise have to pay for a survey if you are considering installing a fence or if you just want to know for sure where your property line falls. A surveyor will mark property line points with steel pins, and then run strings from pin to pin. It will show property lines. If a

fence falls on your side of the property line, the fence is yours. If it is on the other side, it is the neighbor's. If the fence appears to be directly on the property line it could be a shared border fence.

Ownership of a shared border fence might depend on who demonstrates ownership of the fence. That would be the property owner caring of the grounds leading up to the fence. 

Are There Fencing Regulations  

Yes, odds are very good your community has certain standards as to the height and material you must use to build your fence. If you live in a neighborhood governed by an HOA, you most certainly will have their restrictions to accommodate as well. Speak to your HOA president about these needs. 

Does Homeowners' Insurance Cover Fencing?  

Most fencing has coverage under the other structures provisions of a homeowners insurance policy. This means fencing probably has coverage for perils which might include events like fire, tree or limb damage and more. Damage from things like power mowers, weed whackers or poor maintenance might not have coverage, however.