Legal Question in Real Estate Law in Utah

property line fences

My neighbor wants to build a new fence on our property line. Are we required by law to pay half of the expense?


Asked on 10/13/03, 1:33 pm

2 Answers from Attorneys

Re: property line fences

Hello Mr. Lundgren,

The simple answer to your question is that there is no law that requires adjoining owners to pay a portion of a common fence. However, if you are in an area that has covenants, conditions and restrictions, there may be an obligation to construct a fence which may give rise to an obligation to share expenses. However,the simple answer to your question is that if it's just your neighbor wanting to put up a fence and wants you to pay for a portion, there is no obligation on your part to share the expense.

Mel Larew

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Answered on 10/14/03, 1:24 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: property line fences

No, and your neighbor cannot build it ON the property line without your permission. The fence should be built on their property, not encroaching on your property. Some homeowner associations may require a sharing of cost. You may want to check with your local government to see if they have any requlations.

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Answered on 10/13/03, 4:39 pm


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