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Who owns a fence between two houses?

Both us and our neighbors just moved into our houses in the last year and the fence between our two houses is falling down. They have a dog and I would really like the fence repaired so that the dog doesn't get in our yard but they say that that part of the fence is on our property. I think it is right on the line so shouldn't we both own that section?

Asked by Dominic G | Rochester, MN| 04-07-2026| 469 views|Remodeling|Updated 7 months ago

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Michael AtkinsonReal Estate Agent2 months ago

Dominic, a fence being on the property line doesn’t automatically mean both neighbors own it. Check your survey or property records to determine where the fence sits and who owns it before deciding who is responsible for repairs.

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Zoltan PeresztegiReal Estate Agent3 months ago

Your neighbor is likely mistaken, and there is actually a law that backs you up. If the fence sits on the boundary line between your two lots, it is a shared "division" fence, and in California the Good Neighbor Fence Act (Civil Code section 841) presumes that both neighbors benefit equally and are equally responsible for the reasonable cost of maintaining or replacing it. Whose side the posts happen to lean toward does not change that. So "that part is on your property, so it is your problem" is usually not how it works for a fence right on the line. Here is the clean way to handle it: - Confirm the line. If either of you is unsure where the boundary actually runs, a survey settles it. Your property corners may already be marked, or a surveyor can locate them. - Put it in writing. The law expects the neighbor who wants to do the work to give the other 30 days' written notice describing the problem, the estimated cost, and the proposed split. A simple, friendly note that mentions the equal responsibility rule often gets cooperation fast. - Get a couple of bids so the "reasonable cost" is documented. The law does allow the split to be adjusted if making it 50/50 would be truly unfair (say one neighbor wants a fancy upgrade), but the starting point is shared cost. Since you both just moved in, leading with the statute plus a fair, documented offer is your best shot at a repaired fence and a good long term relationship next door. I am Zoltan Peresztegi, a South Bay and Los Angeles real estate professional, not an attorney, and fence law varies by state, so if you are outside California check your state's shared fence statute. Happy to point you to the right local resource if you tell me where you are. Zoltan

Pedro VargasReal Estate Agent4 months ago

Fence ownership usually comes down to property lines and local agreements, not just where the fence sits visually. In most cases, a fence belongs to the property owner whose land it is actually on—even if it’s very close to or right near the boundary. If the fence is exactly on the property line, it’s typically considered a shared boundary fence, but that doesn’t automatically mean both owners are legally responsible unless there’s a written agreement or local ordinance stating so. The only way to know for sure is to check your property survey or title report. That will show the exact boundary line and help determine who owns that section of fence. Even if one side is technically responsible, neighbors often split repair costs informally because both parties benefit from a functional fence—especially when pets or privacy are involved. If there’s disagreement, you can also look into mediation through your city or HOA (if applicable). A clear survey and a calm conversation usually solve most of these situations quickly.

Juan PicosReal Estate Agent4 months ago

It depends on your property lines and your state's laws. If the fence is located directly on the property line, neighboring owners often share responsibility for its maintenance and repair. If it's entirely on one property, that owner is typically responsible. The best first step is to review your property survey or have the boundary verified. If the fence is shared, it's often best to work with your neighbor to agree on repair costs and responsibilities. **Juan Picos** REALTOR® | JohnHart Real Estate Serving Burbank, Glendale & Greater Los Angeles

Jonathan ClaudioReal Estate Agent4 months ago

**The answer is that a fence between two homes is not automatically owned by both neighbors just because it sits between the properties.** The key factors are where the legal property line is located, who originally installed the fence, local fence laws, and any agreements between neighbors or previous owners. A common mistake is assuming the fence location proves ownership, because fences are sometimes built slightly inside a property line or may have been installed without a formal survey. The first step is to check your property survey, title documents, or have the boundary professionally located if there is uncertainty. If the fence is truly on the property line, many areas treat it as a shared boundary fence, meaning both neighbors may have responsibilities for maintenance, but the exact rules vary by location. Since the fence is also important for keeping the neighbor’s dog contained, it is usually best to communicate and find a solution together, such as splitting repair costs or agreeing on a replacement plan. If you cannot reach an agreement, reviewing local fence laws or speaking with a real estate attorney can help clarify your rights and responsibilities.

Keith Jean PierreReal Estate Agent6 months ago

A fence between two houses is typically owned jointly by both neighbors if it sits directly on the property boundary line, making them equally responsible for maintenance and costs. If the fence is located entirely on one person's property, that person usually owns it. I would suggest checking the deed / survey to confirm ownership. Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Michael KozlowskiReal Estate Agent6 months ago
Semi-Pro80 Answers

Hi Dominic You may want to check your property lines to find out whose property the fence is located on and then work something out with the neighbor once you know.

Kevin NeelyReal Estate Agent6 months ago

Almost always, the fence belongs to the property it sits on. If it is directly on the line and both neighbors paid for it, it is jointly owned. If one side built and paid, it is jointly owned. If one side built and paid, that side owns it. The survey is the tiebreaker. In Hernando County and across Spring Hill, most subdivisions from the 1980s and 1990s have the original fences sitting a few inches inside one side of the property line, not on it. That means one owner, even when it faces both yards. Pull the last survey, or order a new one from a Florida-licensed surveyor, and you will know in about ten days. What to do if you need to repair or replace: talk to the neighbor first and split costs if both benefit, and put any cost-share in writing. Most fence disputes on the Nature Coast start as informal handshakes that got forgotten after one side sold the house. A simple signed note protects both of you at resale. A two-line email beats a two-year feud. -- Kevin Neely & Kaitlynd Robbins | K2 Sells

Loodmy JacquesReal Estate Agent6 months ago

Get a survey to know for sure where the property line is. If the fence is on your property, it's technically yours to maintain. If it's directly on the line, you'd typically share the responsibility, but that requires both of you agreeing to split the cost. If they're not willing to chip in, you might need to decide if it's worth fixing on your own to solve the dog issue.

Sharon WelkerReal Estate Agent6 months ago
Novice5 Answers

get your property surveyed. the property line will show where the fence can be put up. then speak with your neighbors and see if they will work with you on the fence.

Melody BishopReal Estate Agent6 months ago
Rising Star31 Answers

The only way to know for sure where the property line is, is to have the property surveyed. You should do that anyway if you are thinking of putting up a new fence. You will want to know your property lines on all sides so that you do not encroach on other people's property. Unfortunately, the survey should have been done as part of your due diligence inspections before you closed on the home. Had it been done at that time, you could likely have negotiated that the owners who sold it to you, resolve this problem at their expense.

Billee SilvaReal Estate Agent6 months ago

This really comes down to one thing, your survey. What you “think” is the property line doesn’t matter nearly as much as what’s actually recorded. That fence might look like it’s right on the line, but it could be a foot or more onto one side. Pull out the survey you received at closing and look for: the property boundary lines the fence location (sometimes marked, sometimes not) corner markers or measurements you can match to the fence If the fence sits fully on your side, it’s yours, even if your neighbor benefits from it. If it’s fully on their side, it’s theirs. If it’s directly on the boundary line, then it’s typically considered a shared fence and both of you would usually split responsibility. If your survey doesn’t clearly show the fence, or there’s any doubt, the only way to settle it cleanly is to have a surveyor mark the line.

Keith Jean PierreReal Estate Agent6 months ago

Depends on the property line, more information would be needed here. You can refer to your survey to get a clearer picture of the situation.

Apostolos VasileiadisReal Estate Agent6 months ago
Novice1 Answer

This is a very common situation, especially in newer neighborhoods, and the key issue is not where the fence appears to be but where the actual property line is. The best way to confirm that is by reviewing your survey from closing or ordering a new one if needed. In many cases, fences are installed slightly inside a property line, which means that even if it looks shared, it may legally belong to one homeowner. If the fence is confirmed to sit directly on the property line, it is often considered a shared boundary fence and both parties may share responsibility, although local regulations or any homeowners association guidelines can also influence that. From a practical standpoint, since there is a dog involved and a clear need for the fence to function properly, this is a good opportunity to approach it collaboratively. Even when ownership falls on one side, many neighbors choose to split the cost because it benefits both properties. A smart next step would be to confirm the property line, check any local or association rules, and have a straightforward conversation focused on finding a solution that works for both sides, as that usually leads to the fastest resolution and helps maintain a good relationship with your neighbor.

Ken AbramowitzReal Estate Agent6 months ago
Novice1 Answer

Hi Dominic, did you get a survey when you closed on your home? That will certainly tell you whose property the fence is on and you can go from there. Other than that, it's just your word against theirs and that does not lead to a solution.

David PatselReal Estate Agent7 months ago
Novice1 Answer

It is owned by 1 person. It cant be owned by both. You can usually tell if the previous owner installed the fence by looking at the inside of the fencing vs the opposite side. I recommend that your realtor that helped you purchase, contact the listing agent and ask the seller who does the fence belong to

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