How to Determine Who Owns a Fence

Fences are an essential part of any property – regardless of whether it is for privacy or aesthetic purposes. However, one issue that many property owners face is determining who owns a fence. This may seem like a small detail, but it can lead to confusion, legal disputes, and even financial problems in the long run. In this blog post, we'll go through the steps to determine who owns a fence, so you can avoid any unwanted complications when modifying or repairing a fence.

 

Step 1: Review your property deed

The first step to determine who owns a fence is to review your property deed. Your deed specifies the boundaries of your property, and it should also indicate which side of the fence belongs to you. If the deed does not specify the fence's ownership, you can check with your neighbors to see if they have a copy of their deed, and if it has any relevant information.

Step 2: Check your property survey

Your property survey is another important document that can help determine who owns a fence. The survey can indicate the precise boundaries of your property, as well as the fence's location. The survey may also indicate which side of the fence is on your side of the property line. If you don't have a copy of your property survey, you may be able to obtain one from your local government.

Step 3: Look for visual indicators

In some cases, the property deed and survey may not provide enough information to determine who owns a fence. You may need to look for other visual indicators, such as the fence's condition, age, and style. If one side of the fence looks newer than the other, it may indicate that the owner of the newer side built it. Alternatively, if the fence leans in one direction, it could indicate one owner's responsibility for maintaining the fence.

Step 4: Talk to your neighbors

If you are still uncertain who owns a fence, it is best to hold a friendly conversation with your neighbors. Ask them who they believe owns the fence and whether they have any relevant documentation. In some cases, neighbors may prefer to share the repair and maintenance responsibilities of the fence instead of determining a singular owner. In any case, communication is key.

Step 5: Consult a lawyer

In rare cases, determining fence ownership can be a complicated legal matter. If you cannot come to an agreement with your neighbor, it may be best to consult with a lawyer or mediator. They can help you understand your rights and give guidance on how to resolve any disputes.

 

Conclusion

Determining who owns a fence can be a simple or complicated process, depending on various factors. In most cases, reviewing property deeds and surveys, visual indicators, and open conversations with neighbors can help to make this determination. If the situation becomes more complicated, legal professionals can help to avoid conflicts and provide direction. Remember, it's important to understand who owns the fence before making any significant changes or repairs to avoid any legal or financial issues down the line.