When installing a new fence, it is important to know exactly where your property line is located. In order to understand where that line is, you’ll need a survey of your lawn. Also, be sure to check the rules and regulations of your state. Some areas allow you to install a fence on the edge of your property, while others require you to build inside your property line. Continue reading for a few things to consider before installing your fence inside your property line.
When your fence is installed a few inches inside your property line, you must remember to maintain the part of your property that is outside the fence. While you may have a good relationship with your neighbor and they don’t mind mowing the additional strip of the yard, it is technically your responsibility to maintain the lawn. If your neighbor decides the install their own fence inside their property line, leaving a narrow area of grass between the two fences, you will need to discuss who will maintain it and ensure there is a way to access the space.
If your fence is inside your property line and your neighbor is able to use the grass outside of the line, the area may fall under prescriptive easement. Legally, this term is a type of property easement that is earned by regular use of the property. So, your neighbor wouldn’t be able to gain a legal title to the land or sell it, but they may actually be able to claim a legal right to use the property. Since the property is outside of your fenced yard, you are likely not using it regularly, and a neighbor can claim prescriptive easement.
This can make it difficult when you want to install a new fence or move the fence outward to your property line. It can also be an issue if you sell your home and the new owners don’t want to pay for unusable land outside of the fence.
Adverse possession is more legally binding than prescriptive easement, and means that if the “property trespasser” (your neighbor using the small strip of land) has continuous use of the property for a few years, they may claim adverse possession and legally gain ownership rights of the land. It’s important to be aware of this situation if you’ve installed a fence inside your property line, as it can result in part of your land being owned by your neighbor. If you are unsure about fence placement, be sure to consult with experts, including a local government representative, your realtor, and a fence installation professional!
Residential Fences for Your Home from Hercules Fence DC
Hercules Fence DC has been providing homeowners with quality fences for over 50 years. We are well equipped to meet your needs, whether they are residential or commercial. We have extensive experience working with families and pet owners to keep the most important members of their home safe, so call us today about installing a new pet fence for your family. Contact us by giving us a call at 301-441-1600 or visiting us online. To see examples of our work, follow us on Facebook, Twitter, LinkedIn, Pinterest, and Flickr.