Important points
- Check the property survey to confirm whether the fence is on your property or shared with your neighbor.
- If the fence is on a shared boundary, in most cases the neighbors will share the reasonable and necessary repair costs.
- Clear communication, understanding local laws, and putting agreements in writing can prevent costly conflicts.
Although there are several types of fences to choose from for a property perimeter, the fence decision may be more difficult as to who pays when a shared fence needs to be replaced.
To avoid turning that backyard boundary into a battle line, you need the right information and conversations to protect your wallet, maintain the neighborly peace, and replace the fence without drama. Fences may need to be replaced after damage from a storm, animal, or general age.
First, you need to agree on who is responsible for the fence, and if there is shared responsibility, you need to agree on the best way to improve the fence. Follow these expert-recommended tips to understand what to do—and who's responsible for paying.
Meet the expert
Desiree Avila is a licensed real estate agent based in South Florida with nearly a decade of experience.
Determine who is responsible
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Before you proceed, you need to figure out who actually owns the fence, and South Florida-based real estate agent Désirée Ávila says that's actually pretty easy.
“This is done using a land survey that determines exactly where the property boundaries are,” says Ávila.
If your home is new enough, you may be able to locate metal pegs in the yard that mark the edge of the property. You can also check your plat map (an official diagram showing property boundaries), contact your public records office, or view your title deed, title insurance policy, HOA documentation, or a written agreement between property owners.
If all else fails, you can pay for a new land survey.
“If you decide to build a fence, the city or authority issuing a permit will usually ask you for an inspection to ensure that the fence is built on your site,” says Ávila.
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If the fence is not on the property line
Once you determine whose property the fence is on, you can schedule payment.
“If the fence is on your property, it is your responsibility,” says Ávila.
You can definitely ask your neighbor for a contribution if they would benefit from it. However, they are not required to contribute to the cost of replacing the fence on your property unless they have caused damage.
This also means that if the fence is entirely on your neighbor's property, they will have to cover the replacement costs.
If your neighbors don't want to replace their fence, but you need or want one to protect pets, protect your privacy, or just be pretty, you'll need to install another fence on your side of the property line.
“You don’t have to reach an agreement with your neighbor,” says Ávila, adding that you can build a fence on your property as long as your homeowners association (if one) allows it.
If the fence is on the property line
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A fence along the boundary between two properties is usually considered a common fence. Many states require neighbors to split maintenance and replacement costs 50/50.
For example, California's Good Neighbor Fence Act requires equal cost sharing for any existing border fence.
However, not every state has the same rules, and some areas rely on title deeds or HOA regulations to determine whether shared responsibility exists.
Additionally, cost sharing assumes that both neighbors agree on what needs to be done regarding fence maintenance and replacement. If you want to replace a standard 6-foot fence but your neighbor thinks a particular design or material would be better, things can get complicated.
Generally, each neighbor is only required to contribute to the cost of fence repairs or replacements that they deem “reasonable”—as the Good Neighbor Fence Act puts it—and necessary. If your neighbor insists on a luxury upgrade, you are not required to contribute the cost.
Most homeowners insurance policies split the cost between both property owners if a shared fence is damaged by a storm or other covered event.
How to resolve disputes
Even when boundary survey lines and regulations are clearly defined, disputes over payment for shared fences can arise. If your neighbor continues to be persistent after a calm conversation explaining the facts to you, you may need further help.
You can also contact your HOA to settle the matter if you have one, or hire an attorney who can clarify state fencing laws and clearly outline your legal options. Going to small claims court is an option, although litigation can be time-consuming.
Fortunately, in most cases, with the right information, conversations, a contractor, and written agreements, you can keep the peace and create a nicer boundary for both yards.