top of page
Who Owns the Fence?

Knowing who owns the fence between you and your neighbor isn’t always simple. Whether you’re planning repairs, installing a new fence, or dealing with a boundary dispute, clarifying ownership can save time, money, and conflict.

 
Why Fence Ownership Matters

Many Washington homeowners face confusion about property lines and fence responsibility. Understanding your rights as a property owner—and knowing how to read surveys and title documents—helps avoid disagreements over maintenance and repairs.

 
Checking Property Documents and Surveys

The first step is to review your title documents and, if needed, request a property survey. A licensed surveyor can confirm the exact boundary line and ensure the fence is placed correctly. Property markers, stakes, or metal pins in the ground can also help identify lot lines.

 
Local Rules and HOA Regulations

In Washington, fence rules vary by city and county. Most areas set limits on fence height (commonly 6 feet for backyard fences, and lower in front yards). Some jurisdictions may require permits. If you live in an HOA community, their rules may override general city codes regarding fence style, materials, or placement.

 
Visual Clues from the Fence

Often, the finished side of a wooden fence (the smooth side without posts or rails) faces the neighbor, while the structural side usually indicates the property owner’s responsibility. Still, this is not a legal guarantee, so documents and surveys remain the most reliable method.

 
Talking with Your Neighbor

Sometimes the easiest solution is a friendly conversation. Share survey results, discuss maintenance history, or propose cost-sharing for repairs or replacements. Written agreements help prevent future disputes.

 
If the Fence Is Yours

If documents show the fence belongs to you, you’re responsible for upkeep, repairs, and ensuring compliance with local regulations. You have the right to repair or replace it, but notifying your neighbor is always a good practice.

 
Shared or Boundary Fences

If the fence sits directly on the property line, it may be considered shared ownership unless stated otherwise in official records. In this case, both parties should agree on maintenance and costs.

 
Key Takeaway

To avoid boundary conflicts in Washington:

  • Review your title documents and surveys

  • Check local fence codes and HOA rules

  • Communicate clearly with your neighbor

  • Put agreements in writing when possible

A clear understanding of fence ownership protects your property rights, helps maintain good neighbor relations, and ensures compliance with Washington state and local laws.

Can I Remove My Neighbor’s Fence on My Property in Washington?

 

If your neighbor’s fence appears to cross your property line, you might wonder if you can remove it. Before taking any action, it’s important to understand property boundaries, local fence laws, and your legal rights to avoid costly disputes.

 
Step 1. Confirm Property Boundaries

 

Never rely on guesswork. Hire a licensed surveyor to determine the exact property line. Deeds may help, but only a professional survey provides reliable proof.

Step 2. Know Your Legal Rights

 

In Washington, a fence built entirely on your land without permission is generally considered encroachment. You can request removal or reach an agreement with your neighbor. Fences built directly on the property line may be treated as shared ownership unless otherwise documented.

Step 3. Understand Adverse Possession

 

Adverse possession (“squatter’s rights”) can complicate disputes, but it requires open, continuous, and hostile use of land for a long period—usually 10 years in Washington. A misplaced fence alone does not normally transfer property rights.

 
Step 4. Talk to Your Neighbor First

 

Start with an open, respectful conversation. Share survey results and ask about relocation. Many disputes are caused by misunderstandings, not intentional encroachment.

 
Step 5. Use Written Requests if Needed

 

If informal talks fail, send a written demand letter with survey evidence and a reasonable timeline for fence removal. This creates a legal record of your efforts.

 
Step 6. Try Mediation

 

Many Washington counties offer mediation services for property disputes. Mediation saves time and money and helps preserve neighborly relations.

 
Step 7. Seek Legal Help Before Removing the Fence

 

Never remove a fence yourself without legal authority. Doing so could lead to trespass or damage claims. Instead, consult an attorney who can request a court order for removal, compensation, or boundary clarification.

 
Step 8. Document Everything

 

Keep copies of surveys, deeds, letters, and communication with your neighbor. Good documentation strengthens your case if legal action becomes necessary.

 
Step 9. Work with Professionals for a New Fence

 

If the fence must be removed, hire a professional fence installer to ensure the new one complies with Washington state and local codes and avoids future disputes.

 
FAQ – Fence Disputes in Washington

 

Can I remove my neighbor’s fence on my property?
Only after confirming encroachment with a survey and obtaining either your neighbor’s agreement or a court order.

Do I have to share fence costs?
Not unless you and your neighbor have a written or mutual agreement.

What about adverse possession?
In Washington, it usually takes 10 years of continuous, hostile occupation to claim land. A fence alone is rarely enough.

What’s the safest process?
Survey → Talk to neighbor → Written request → Mediation → Legal action if necessary.

⚖️ Bottom line: In Washington, you cannot simply remove a neighbor’s fence on your property without proof and legal authority. Confirm boundaries, communicate clearly, and use mediation or legal channels to protect your rights and maintain good neighbor relations.

Planning a Fence in Washington State?

 

Wondering how far your fence should be from the property line, whether you need a permit, or how retaining walls and pools affect your plans? Fence laws can be confusing—height limits, materials, setbacks, easements, property surveys, and neighbor disputes all play a role.

A setback is the required distance between your fence and property lines, easements, streets, or other features. It ensures safety, visibility, and access for utilities. Property surveys confirm your exact boundaries and help avoid costly mistakes.

Why permits and local codes matter: Regulations differ by city and county. Even if a permit isn’t required, you still must follow rules on height, materials, pool enclosures, and corner visibility. Ignoring them can lead to fines, forced removal, or legal disputes.

Typical guidelines:

  • Front yard fences are often limited to 3–4 feet.

  • Side and backyard fences can usually be 6–8 feet.

  • Pool fences must be at least 4 feet with self-closing gates.

  • Retaining walls can change how fence height is measured.

  • Corner lots must maintain a clear visibility triangle.

Tips for homeowners:

  • Always confirm property lines with a survey.

  • Check easements and city codes before building.

  • Talk to neighbors to avoid disputes.

  • Set fences a few inches inside your property for easier maintenance.

bottom of page