I Want to Put up an Additional Fence Next to a Border Fence, Do I Need to Ask my Neighbor for Permission?

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“My neighbor and I decided to put a fence between our properties, he paid half and I paid for half of the fence. Now we have problems with their dogs, when I go to open our gate the dogs get extemely aggressive. I want to put more protection up on my side of the fence that ajoins to the gate. How do I know which end of the fence is mine and which end is his? Can I put up a barrier on my side of the fence?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

In most areas, a border fence (one that is put up on the property line) typically belongs to both property owners. There are some exceptions to this rule, but in this case, where you each paid for half of it, it probably belongs to both of you equally.

However, since you’re talking about adding to the fence and not taking anything down, I’m not sure why your neighbor would have an objection. Have you tried talking to him about it?

Further, if you wanted to put up a fence entirely on your property, your neighbor would have nothing to do with it. You should, however, check your local zoning codes and any other applicable local rules to make sure your proposed new fence is not in violation.

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Author: House Attorney

A house attorney has answered this question.