Fences and encroachments0 answersAI answer
The fence between our yards is old and falling down. It seems to be on the line. Who has to fix it?
Asked October 25, 2026
AI answer · not yet verified by a surveyor
It depends on who owns the fence and on your state's laws.
- Ownership: if one owner built the fence entirely on their side, it's usually theirs to maintain.
- Shared line fences: some states have "partition fence" or "good neighbor fence" laws that split the cost of a shared boundary fence between neighbors, especially in rural areas.
- Agreements and HOAs: a written agreement, deed restriction or HOA rule can set responsibility.
Steps that help:
- Find out where the fence actually sits relative to the line. A licensed surveyor can tell you [1].
- Talk with your neighbor about sharing a replacement, and put it in writing.
- Check your city code and your state's fence statutes, or ask a local attorney.
Replacing the fence is also a good chance to move it onto a properly staked line.
General information only. Answers here are not a survey or legal advice, and no one here can tell you where your boundary is. For your property, hire a licensed land surveyor in your state; for legal questions, a real-estate attorney.