Boundary fence is a term used to describe a feature that marks the boundary between two properties. This can be anything from a fence, hedge or wall to a ditch or line of trees.
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A boundary fence is usually owned by both property owners unless they agree otherwise. It is the responsibility of both owners to keep the fence in good repair.
There are some states that have harsh penalties for one neighbor refusing to chip in and repair the fence after a reasonable request from the other owner.
It is also important to remember that fences do not belong to the property owners as a matter of right. They are merely shared features that help owners decide how to use their land.
Often, fences are built with the smooth side facing into the neighbour’s land. However, it is not a law that this must be the case.
The ownership of a boundary fence is generally determined by a survey or transfer, title plan, or conveyance deed. Those documents will tell you who owns the fence and how to find that owner.
Another common way to resolve boundary fence issues is by entering into a memorandum of understanding. The memorandum can be recorded in the land records and will bind all the adjoining landowners.
A fence is not always a necessary part of the boundaries between properties, but it can be a great help to mark the edges of the property. It can make it easier to identify the extent of the property and avoid costly disputes over boundary lines.
