Installing a Fence Can be a Good Legal Strategy

There is a saying that good fences make good neighbors. A fence means more than just privacy. Fences can protect your home, you the homeowner, and others. A fence can signal to others that coming onto the property is not welcome and there may be dangers. If you are worried about liability or injuries on your property, a fence may be a good idea.

Homeowners may be liable for injuries that happen on their property. An experienced real estate lawyer can tell you about the benefits of a fence and what to do if someone is injured on your property.

Do You Need a Fence for Your Home?

There are several benefits of fencing off your property. However, there are also limitations on when and where you can build a fence. If you are thinking of building a fence for your home, here are some things to consider:

• Can you build a fence?
• What are the size and location limitations of a home fence?
• Who can build a fence?
• Do you need a fence permit?
• Will a fence keep people off your property?

When Can You Install a Fence?

As the homeowner, you may want a fence for privacy. However, there may be local codes that limit where and when you can install a fence. If you live in a community with a homeowner’s association (HOA), there may be other real estate limits to when and where you can build a fence. Before hiring a contractor, make sure you check the state laws and local ordinances. There may be zoning restrictions related to:

• Fence height
• Boundary lines
• Land surveys
• Types of fences
• Barbed wire
• Easements
• Building permits

If you do want to build a privacy fence, your neighbors may try to stop you from building a fence based on local fence laws. Contact a real estate lawyer if your neighbors are trying to stop you from building a new fence within your property line.

Who Is Responsible for Injuries on Your Property?

Homeowners generally owe a duty of care to people they invite onto their property. For example, you owe dinner guests and plumbers a duty of care. You may be legally responsible for injuries if there was an unreasonable risk of harm that you knew about or should have known about.

Property owners typically do not have a duty of care to trespassers or to people who are unlawfully on their property. Still, in many situations, it is a good idea for homeowners to take reasonable efforts to protect everyone from known harms on their property.

If your property contains any of the following, a fence can be a good investment. This includes:

• Swimming pools
• Natural water feature
• Dogs or other animals 
• Playground equipment or enticing features

Do You Need a Fence for a Swimming Pool?

In many states, features on your property like a pool or pond can be an “attractive nuisance” for unexpected visitors. If children come onto your property to swim in your pool or play on your swings, they are treated the same as someone you invite on your property. If there is anything on your property that would be of interest to kids, you may want to consider a fence.

Many local regulations require a fence or barrier around a swimming pool. Even if your property is closed off, local codes may require a fence of a certain height, ground clearance, and self-closing gates.

Do You Need a Fence for Your Dog?

If your dog is aggressive or has threatened others, you may need a fence. Pet owners are generally liable for injuries caused by their animals. Some states have a one-bite rule for animal attacks. This means you are liable if you knew or should have known your dog might be dangerous. A fence can protect you from a lawsuit if your dog is aggressive.

What Kind of Fence Do You Need?

If you do install a fence it is important that the fence be sound and sturdy. You do not want the fence, which is intended to protect people, to become a liability in and of itself. It is important to keep the fence secured. A fence does little good if its gate is wide open and allows people easy access to your property.

You may also want to consider curb appeal. Find a fence style that is appropriate for the property. A white picket fence in your front yard may be more attractive than a chain link fence in some neighborhoods. You may also want to think about the cost of the fence installation and maintenance costs.

When Do You Need a Real Estate Lawyer for a Fence Project?

In most situations, you don’t need a lawyer to put up a fence. However, homeowners can easily run into trouble when building a fence from the municipality or neighbors. Someone may claim the boundary fence is built on the neighbor’s property. A neighbor may claim a vinyl fence lowers their property’s value. If your fence or the neighbor’s fence is a source of contention, you may need to talk to a real estate attorney to sort things out.