Before building your fence, you may choose to get a survey done to find out where your beautiful backyard actually stops at your property line. Now that it has been discovered, you may think that the choice is simple – build your new fence on your property line so you get the maximum fenced area and don’t have to drag your mower outside the fenced area to mow behind it. However, there are some factors to consider as to whether you should build on the property line or just a bit inside of it.
One key aspect to keep in mind when building a fence on your property line is its maintenance. That other side is facing your neighbor and if it is on your property line, you may need permission to repair and stain it since you have to access their yard. In many cases, your neighbors may use the section of fence you had built as an excuse to put their own fence in their yard at less cost, so in this case, an agreement can be worked out where they maintain that side of your fence as part of theirs. However, such cohesive co-existence is not the case in every neighborhood.
Legal Use of Leftover Property
If you choose to build your fence away from your property line, you are still responsible for maintaining that strip of grass. That land could also fall into prescriptive easement of your neighbor as well. While this gives them no legal title to the land, thus they cannot sell it, they can claim a legal right to use it since you are not actively using it. This can make things difficult later when you decide to sell since the new owners may not pay for land that they can’t use because your neighbor is.
While fence placement needs will differ from yard to yard, it is important to discuss your needs with a fence professional as well as your neighbor. For more advice on whether to build a fence on your property line or inside of it, contact us today.