Fence Construction: The Risks You Might be Taking

black iron fence of large building

Marking your property boundaries is essential to avoid encroachment, a situation where you violate the property rights of your neighbor or vice versa. These markers prevent you or your neighbor from extending a structure beyond the boundaries of your property.

Property markers can be wooden fences or walls made of pre-cast concrete. Before building property markers, you have to consider several factors. Otherwise, property disputes might arise between you and your neighbor, resulting in a legal action over fencing regulations violation.

Define Your Property Boundaries

Imagine building a house on a spot you just eyeballed and thought would be enough for your house. A report by realestate.usnews.com shares a similar story. It turned out the homeowner built the house on a common area, which is not an actual lot. The homeowner ended up paying for the space to correct the mistake.

Other issues may happen if you didn’t survey your land, a process where land surveyors will define where your land starts and where it ends. Knowing your property boundaries makes it easier to finish a project. It also helps you determine any encroachment within your property.

You can find the property lines on your property deed. But you may also seek help from a land surveyor to survey your land. Once you’ve received the survey, use this as a guide when building a structure like a fence.

Understanding Fence Laws in Utah

Metal fence with brick columns

Property lines and fencing laws vary from state to state. Utah, for example, gives private landowners the right to enforce their property rights, in court or through private agreements.

The state’s fence and property line law is a combination of court-made common law, state statutes, and local zoning ordinances and building codes. It means serious research is essential when resolving a dispute. Additionally, local rules often focus on fence heights, building materials, and location. Areas with a homeowner’s association, however, may have further restrictions.

Fences in houses are often limited to four feet in front yards and six feet in backyards. You and your neighbor own the fence erected on the line between your property and your neighbor’s if both of you use the structure. This makes both of you responsible for maintaining the fence. You can make agreements with your neighbor regarding this matter.

In case your neighbor fails to comply with the regulations, you may appeal it to the local agency for reinforcement. The local agency will likely not request for its removal when no complaint is filed.

Building a Fence in Your Property

Fence options, whether for materials or design, can be overwhelming. You have to consider the form and function during the planning stage. These factors help you design the right fence for your property.

Although you can build the fence on your own, working with professionals makes the process run smoothly and prevents costly mistakes. Professionals are also familiar with the regulations and restrictions in your area that you need to follow and understand what kind of fence your property needs.

Building a fence to define your property boundaries is a crucial part of homeownership. Have your land surveyed and put a mark on your property lines to avoid encroachments and maintain a healthy relationship with your neighbors.