Wherever you live, you should look over to see if there are any regulations in place in your country or neighborhood before installing a fence. Shared fences create tension and can even lead to lawsuits between neighbors. In Delaware, property owners on both sides of the fence are equally responsible for maintaining it. If you’re building a split fence, you’ll need a fence viewer to see how your costs are split. It is mandatory to follow the property fence laws in Delaware to avoid penalties.
For example, a storm smashed the neighboring area and caused a branch from a neighbor’s tree to fall on the shared fence and damage it badly. The fence needs quite a repair and your neighbour insists that you bear half the cost. The tree was on their side and it damaged the fence, so technically seeing, they should be responsible for all the repair costs. If you both cannot mutually agree, in Delaware, you find some strict property fence laws in Delaware that will help help you to resolve such matters with your neighbors.
Delaware Code Title 25 Property Chapter 13
The Basic Property Fence Laws in Delaware
It is based on customary law for livestock fences. Landowners who do not keep livestock do not need to make fences. However, subsection 1304 indicates the rules for maintaining dividing fences that keep livestock. If you live on a farm and own livestock, you should build a fence in Delaware to prevent the animals from damaging your neighbor’s property. There are no statewide requirements for residential pool fencing, however, local laws may vary with requirements. From construction to major repairs, the breakdown of costs associated with fences is calculated by a team of fence inspectors who inspect the fence.
A fence watcher is chosen by the Supreme Court according to Title 25, to be “the sole judge of the reasonableness of fences, the charges and extent of construction or repair of partitions or other fences, and damage caused by animal encroachment.”
In the case of a dispute over a fence, whether your neighbor has livestock and refuses to pay the required cost for maintenance, installation, or repair, you can file a lawsuit with a fence inspector appointed by your county’s Supreme Court. A team of bystanders will visit your property and inspect the fence for a fee verdict.
After understanding the basics of the property fence laws in Delaware let us go through each part of it.
Information about your property is usually found on the title deed. Please visit your local appraisal office if you do not have a certificate yet. A map of your area has also been uploaded by other municipalities and ward offices. You can visit their online page to find out the exact location of your property line. Furthermore, hiring a surveyor is also an excellent way to find your property line, during a dispute with neighbors. The location of boundaries, along with corner lots should be able to determine by surveyors.
As per property fence laws in Delaware, landowners have the right to build a fence around their property. However, this right is not without limitations. Fences built to harass neighbors are often called wicked fences. Although there are no specific fence laws in Delaware, the courts recognize the common law principle that fences are prohibited from being built for no other reason than to disturb neighbors. A neighbor who has suffered damage to such a fence can demand compensation for the damage and for the fence to be removed.
Make a fence legally in Delaware
Most areas have a limitation of 6 feet level of height in the private fence. Each resident gets the freedom to manage and control their property by Delaware’s fence and perimeter laws. Therefore, based on the property fence laws in Delaware you can erect the fence as long as the fence is at least 2 inches from the property line. Local zoning ordinances regarding fence appearance, location, construction material, and height are the only guidelines that can be restricted.
Make sure your plan meets the following federal legal requirements and fencing standards as mentioned in the line and property fence laws in Delaware. For this, you first need to determine whether you require a permit to build your fence.
- Well-placed thorns crafted from wood, iron, and stone.
- 4.5 or 4 feet high fences with a ditch within 2 feet (If the land is situated on a slanting region, the wall can be developed to the greatest level of 7 feet. For a property situated close to a corner, the limitations might be decreased to around 3 feet to work with great permeability).
- No barbed wire as divided fences unless the mutual agreement between affected landowners (Except when enclosing farms or schools, barbed wire or barbed wire fences are not permitted in residential areas without prior approval from the local county or town construction authority).
Trees Along Property Border
Trees growing on the property line belong equally to both neighbors. Most states allow a rule that generally you are not liable for damage caused to your neighbor’s property by a fallen tree. There is an exception if you know or should have known that your tree or its branches are creating a hazard or are sick or dead. The trees in this condominium cannot be changed or relocated without the approval of another neighbor. You can be found guilty of violating timber laws in Delaware if you cut down a tree that crosses your property boundary or injures the tree.
Clashes over property freedoms are many times exacerbated when characters conflict. It is critical to find a way rapidly before feelings and legitimate costs take off out of hand. An accomplished land lawyer can assist you with assessing your legitimate choices and thinking up a plan. Waste no additional time over your property question.
Readers should always remember that these laws can be changed anytime according to the new legislation or decisions of the federal court and other factors. So the information provided above should be used for guidance only. You are also advised to research the latest rules and regulations applicable in your municipality.
Not only there can be some misunderstanding about the property demarcations and the ownership of the fence and its maintenance, but also be many other reasons for the spite between fence neighbors. It is better to resolve these disputes with mutual understanding and negotiations. But in some cases, it also results in hostility between the neighbors.
If there is a dispute between you and your neighbor, a little knowledge of Delaware’s laws on fences and property lines could prove handy and you can you can have a peaceful resolution with your neighbor.