Fence set how many feet from property line

[goodhors]

I would suggest putting the fence right behind the stakes on property corners. Then run your second horse fence 8ft inside the property fence. You CAN put electric wire on the outside of property line fence to prevent their animals pushing on your fences. Get a surveyor out to mark the line, put in wood marker stakes. Get him to put in a LOT of marker stakes so the line is clear and “official.”

I just had my property with one neighbor resurveyed, staked and put in T-posts behind each stake to mark the line. Surveyor suggested putting posts behind his stakes because then nothing is on the line to argue about.

This was our SECOND survey because we followed Township Board’s advice to set fences back from the line for maintenance. NEVER DO THAT!! Property outside the fence line is then subject to the Adverse Possession law in 7 years, which the Township lawyer told us. They had been there 4 years! They did NOT accept that we owned land on both sides of fence, kept putting stuff on our land. Before we bought the hayfields she THOUGHT she owned almost half an acre into the hayfield, kept it mowed, ran her GS dogs thru the uncared for hayfield. When the land went up for sale we jumped on it. Things dealing with her went from bad to worse with her mocking us when we said stay off. AC is her friend, would NOT do anything to assist us. So after clearing the land of scrub, new survey markers in, we put up fence between us! Lots of grief on that! Stealing her land, infringing on her “right” to use her land, called in her parents to "talk to us!! Quite exciting! Things quieted when husband said “Go read your property description. You have 150ft of frontage. Start measuring at that corner property stake between you and the neighbor to the south.”

It was no fun but that first fence went up in a couple hours, but the mouths never stopped.
Being verbally obnoxious as time went. They also claimed I was spraying her dogs when I sprayed (by hand) under the fence. Not true, dead grass was not even close to her solid dog fences.

New survey markers are “pretty in pink” to make a clear line of property. I had Surveyor spray the property line on trees with pink paint, because I needed to have that line clearly defined as huge trees straddle the line and we had gone around them, inside our line with the first fence. Now they KNOW trees are partly mine.

Hoping for no new issues this summer. I only am near that corner of the hayfield to clear fence, mow the path around the perimeter and when haying.

But do not give any of the neighbors an inch of land. You WILL be sorry!!

[Bicoastal]

I am having no luck finding fence setback requirements for a house outside of town or corporate limits. I found a guidance document with several hopeful sketches but there is no footage provided. Not even a scale.

[mommy_peanut]

Call whomever does the building permits for your town.
They will know what the legal setbacks are & if there are any restrictions.

[SusanO]

I am in rural Alabama and I am bounded by what used to be forest land. It was clearcut and now looks like a bomb dropped on it so I have no neighbors to speak of. I had old barb wire fence on my property boundaries that was all grown up in saplings, vines and privet. I just left it there to mark my land and put a v mesh fence inside of it. I have enough land that the two or three foot margin between the fences does not make much difference. It has grown up in vines and I don’t make an effort to mow it. Too many other things to do. If I lived in a neighborhood this probably would not have worked.

[clanter]

@mommy_peanut

Call whomever does the building permits for your town.

ask for and get whatever they say in writing … I did the asking for the setback on our barn when I got the building permit… was told an incorrect distance… after having the city issue a stop work order I had to go before the Variance board (for $300) to plead my case … just told them I was told the wrong set back, their response was not the city’s fault… then my attorney step up to talk with them before they voted.

So this asking but not getting in writing cost me about $600 and the lost time for building the barn of nearly three months.

[Bicoastal]

Ok, per the county building and permits office, there is zero setback requirement for a fence. You may put the fence anywhere as long as it is on your property.

I am not going to do a double fence. In addition to the record-breaking cost, mowing and weed whacking two fences? No thanks! So I have to decide if I want it two inches inside the property line, two feet, etc. Eight feet sure seems like a lot of real estate to give to the neighbors, who will inevitably use it as part of their backyards whether or not I mow it.

Here is an image. Red line presents the property line and future fence line. H is for house. B for barn. The triangle represents another house off camera where the house is set close to my property line, like the two sheds in the middle of the photo. Any of my field not fenced in becomes used as their backyard because of the layout. The tree line looks like the property line but it is not. It tricks your brain.

If you can find this image online and my location is now revealed, will someone please let me know so I can pull it?

[Bluey]

Here boundary fences are to be set on the boundary line as much as possible.
In the canyons we have places where you have to get creative to put a fence in, but there are ways.
Any time you leave some of your land where others may use it, not fenced, you risk adverse possession over time, three years in many places.

May be better to make part of paddocks, the part with boundary fences, as a secondary area that can be open and let horses go in there to graze at set times, not all the time.
This way the land will be used some and when uncaring neighbors activities may interfere with your horses across the fence, you have the smaller part of that pasture still, inside, not with an outside fence, to use.
The double fence is large enough to be its own paddock.

Fences depend on so much, people should think long before setting any.

[Libby2563]

Hmm, I think I would do about a foot and plan to maintain that foot by spraying it or weedwhacking under the fence as best you can. You don’t give up much space that way, but it would be harder to argue about whether the fence is on the property line or next to it, as opposed to setting it back by just a few inches. I might also add some large rocks or other visual marker of the actual property line in a few places, to help the far side of the fence not look abandoned by you. You may also want to notify the neighbors in writing (nicely) that you are setting the fence X feet inside the property line, which is marked in ABC way, and keep a copy of that notification.

[Bluey]

OP, better consult with an attorney, a real estate one, that knows local laws and do what those require, no guessing or going by opinions of people that really don’t know, much less know in your area what laws apply.

[SummerRose]

Late to the thread, but I’m in VA and I know two people who have lost property to adverse possession because they set their fences inside the property lines. In each case, the neighbors used the property and eventually sued for ownership, and won. It took many years - in VA it takes 15 years for the person using property to claim ownership - but it happens.

I think it would be worth consulting a local attorney before building the fence.

(I just went hunting for the VA regs and found this: Ҥ 55.1-2821. Obligation to provide division fences.
Adjoining landowners shall build and maintain, at their joint and equal expense, division fences between their lands, unless one of them chooses to let his land lie open or unless they agree otherwise.” If you’re in VA, I’d definitely talk to a real estate attorney before building an inset fence.)

[Bicoastal]

Thanks @SummerRose. This is confusing! I am upset the county building and permits office told me no setback and did not share the division fence regulation. Geez. I have had NRCS and Soil & Water out walking the property with me to discuss their fencing programs. No one has mentioned any county or state fencing regulation.

I have reached out to the real estate attorney I used for closing.

I really really don’t want a shared fence line. In that scenario, I call half a dozen or so neighbors and tell them I want a perimeter fence so you have to pay for half?! That’s rich!

Then I have to routinely collaborate with each to maintain those fence lines. That’s exactly what I want to avoid.

[TheJenners]

@Bicoastal

In that scenario, I call half a dozen or so neighbors and tell them I want a perimeter fence so you have to pay for half?!

Err no. Any one of those landowners can say “no, because I do not wish to enclose my property” in which case you cannot force them to pay for half. Did you read my thread I linked? It goes into this in detail

[SummerRose]

Is there a way for you to affordably do a double fence? When I had horses at home, I always cross-fenced my pastures using electric fencing so that I could manage the grass more efficiently. Maybe do a perimeter fence, then electric fencing set back far enough that you can mow the exterior lane?

[Bicoastal]

@TheJenners, you are right of course! I was summarizing. They can say no. Then in the future if they enclose their land, they owe you half the value of the first fence. Good luck collecting!

But if I already fenced in the back property line for them, all they have to do is add sides and viola! Their backyard is fenced in.

I found the VA code. It sure doesn’t seem like it would make friendly neighbors.

@SummerRose, this is going to be the most expensive fence! Thanks to covid pricing, I’ve already delayed a year+. The hot water heater cost doubled from last year. Ditto the pressure tank. Lumber?

The rise in costs is nauseating. But I bought this place for animals, so by golly I’m fencing it. Now. With lots of pain and sacrifice, that fence is going up.

[Bicoastal]

Heard back from the real estate attorney. Color me more confused than ever.

Orange County Building and Permits said there is no setback requirement. The fence just has to be on your property. But Virginia code has regulations for a division fence: https://law.lis.virginia.gov/vacodefull/title55.1/chapter28/article6/

"If no division fence has been built, either one of the adjoining landowners may give notice in writing of his desire and intention to build such fence to the landowner of the adjoining land, or to his agent, and require him to build his half of such fence. The landowner so notified may, within 10 days after receiving such notice, give notice in writing to the person so desiring to build such fence, or to his agent, of his intention to let his land lie open. If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.

If, however, the person so notified fails to give notice of his intention to let his land lie open, and fails to agree, within 30 days after being so notified, to build his half of such fence, he shall be liable to the person who builds the fence for one-half of the expense, and such fence shall thereafter be deemed a division fence between such lands."

I called the real estate attorney I used for closing. He said I could set my fence back 1 - 3 feet or so “to make damn sure it’s on your property” and notify neighbors. In the future if neighbors build their own fence, they would be liable for the damages of one-half the value of my fence.

That doesn’t make sense to me if there are two separate fences. That only makes sense if they attach to my fence. Which they can’t do if I’m 1 - 3 feet inside my property line. And now there’s a devil’s lane: exactly what the code is trying to prevent. Attorney said the statute spells it out plainly and referred me to someone else if I need more information. Harrumph. Can anyone here explain this to me in plainer, real-world language?

I don’t want a shared fence. VA code seems to require shared fences between adjoining landowners to avoid a devil’s lane. So am I stuck with a shared fence?

[TheJenners]

With that info, honestly, I’d slam some cheap t-posts and a strand of wire on the property line and call it good.

[Postandrails]

@Bicoastal

In the future if neighbors build their own fence, they would be liable for the damages of one-half the value of my fence.

That doesn’t make sense to me if there are two separate fences. That only makes sense if they attach to my fence. Which they can’t do if I’m 1 - 3 feet inside my property line.

@Bicoastal

If the landowner giving the original notice subsequently builds such division fence and the landowner who has so chosen to let his land lie open, or his successors in title, subsequently encloses his land, he, or his successors, shall be liable to the landowner who built such fence, or to his successors in title, for one-half of the value of such fence at the time such land was so enclosed, and such fence shall thereafter be deemed a division fence between such lands.

I think the confusion is over what is a dividing fence, and I suspect that it means it is on the property line. I think that the code is only talking about a dividing fence on the property line. It’s saying that if the neighbours don’t have other fencing to enclose their property then they aren’t technically using the dividing fence. If they enclose the rest of their land then they are deemed to then be using the dividing fence and they have to pay half. I don’t think any of the Code that you’ve quoted covers the scenario of two fences, and I would be hesitant to believe your real estate attorney on that specific advice.

I think that you need to clarify whether a fence on your property, inside the property line, is classified as a dividing fence. I can’t imagine that a neighbour would be required to pay half for a fence that is on your property. If you build a fence on your property, I would be concerned that if at some later time the neighbour wanted a dividing fence on the property line, you would still have to pay half for that second fence.

I think I’d be following up with the contact you were given for further information.

[Bicoastal]

@Postandrails

If you build a fence on your property, I would be concerned that if at some later time the neighbour wanted a dividing fence on the property line, you would still have to pay half for that second fence.

Oh my gosh that would be awful and I’m be spitting mad. Say I run the fence 4’ or 6’ inside my property line, plant some seedlings outside the fence, and maybe run a strand of wire on the line like @TheJenners suggests this year. In the future, if a new property owner wants to put their fence on the property line, I’d have to pay for half. And I’d be helping to pay for a devil’s lane. D@mn that’s scary and infuriating!

Seems like the only thing I can control is to set my fence back a lot of feet to prevent any future problems with future neighbors. Current neighbors would enjoy all of that extra backyard to play baseball, let the dog out back to poop, etc. Man, life is unfair.

Why does adding a fence get so complicated so fast?

[lenapesadie]

Maybe a shared fence on the property line would be the simplest solution? Put in an 8’ tall privacy fence, send the neighbor the required notice and presume that you’re going to carry the maintenance costs of the fence regardless?

[Postandrails]

@Bicoastal

In the future, if a new property owner wants to put their fence on the property line, I’d have to pay for half. And I’d be helping to pay for a devil’s lane. D@mn that’s scary and infuriating!

Yes, it would be awful! Of course I don’t know whether that would be the case - I just think that you should clarify what is meant by “dividing fence” and whether it includes a fence not on the property line. Once you understand what the implications are, then you can decide what would work best for you.