Fence rules

I agree it seems most logical that you should be able to build it in most cases right along the boundary line. However I DO know some towns/cities have actual laws stating it must be 6″ inside your boundary.

I believe the rule only applies inside towns. I live out of town and all my fences lie directly on the boundary.

This is where my dispute with one of my neighbors applies. The fence (barbed wire) actually encroaches on both our properties since if you figure the boundary line is say the width of a pencel, then the posts, which are cemented in each with their feet encroach on both properties. Neither of us built the fence and neither of us dispute it’s location. We are in dispute as to which of us owns the fence and therefore are obligated to maintain it. Obviously the ideal situation is we agree to split the costs. It actually takes a fair amount of mending since we both have livestock on either side of it and it’s usually impossible to tell which of our animals damaged it.

I think there may be SOME logic to the 6″ rule in towns and cities. If you live in a normal town/city “neighborhood”. Many people like to landscape their yards. Most city people take even better care of what yard they have since they generally have much less to care for than country people. If your backyard is your private heaven; then you may have a design you are going for, a “look” you are going for. What if YOUR fence which you built RIGHT ON the boundary line doesn’t fit the “look” he wants for his yard? He may want to go ahead and put up his own fence that matches the look he wants. most fences, that are built to last anyway, need a good 1 foot diameter foot of cement in which to place the posts, usually 1’6″ is . This being the case and assuming you go with the bare minimum of the foot diameter feet for your posts, then if you are building a fence in which you DON’T want your posts to show, you just lost an entire 1 FOOT of yard for the entire boundary you share with the neighbor that built right upon the line.

I guess that’s the point of that law. When he built his right up to the boundary he puts you in the position of having to like the fence as well. It must also be assumed he expects you to maintain (paint etc.) YOUR side of the fence since he has no business trespassing on your property in order to do it. OR, you can build your own fence to hide his which you find unsightly, and give up an entire square foot of land for every foot of fence/boundary you have in common.

If he builds his 6″ in, he gives up 6″. You can either gain 6″ (but not legally owned, a survey will draw the correct line 6″ beyond his fence) and he has every right to take his fence down and reclaim that 6″ if you build a fence and he decides to take his down. Either way, I find the 6″ rule most fair.

That being said; if you wanted to say build a privacy fence between your yard and mine and you wanted to go right up to the boundary; then as my neighbor I’d likely tell you you were welcome to so so as long as every single part of the fence is on your side of the boundary. That includes above ground and below ground. That means that your posts have to be on your side of the boundary. (I assume you want your posts on the back side of your fence, in otherwords facing me). That also means the concrete you have those posts set in better be on your side of the boundary. I have a right to dig a trench along the boundary in my yard if I want to. I have a right to pickaxe out any concrete you’ve poured into MY dirt. If that means your fence falls over; all I can say is come get your fence out of my yard, and you owe me $200 dollars for the roses I’d just planted there that your fence fell over and crushed. Yeah, I think there is a good reason for the 6″ rule.

I agree. As long as it is on your side of the property line, even flush against the property line, you should be fine. Otherwise, you effective will give your neighbor six inches more of yard, which he could claim as his if he used it for a number of years and you did not stop him. Seems awfully rude to me. Where does your neighbor get off telling you to move your fence line six inches or more into your property. Big F U to that guy. Good fence will probably make a better neighbor in this case.