Property Setbacks - How Close To The Line?

Have you ever wondered how close you can put something to your property line? Can you build a fence right on the line or do you have to set if off the line a prescribed distance? What about a drive way? A house? An outbuilding?

The answer is, it depends. Sometimes, a subdivision restriction will govern how close to the line you can build. Sometimes it is the zoning department’s regulations. Some districts have different setbacks based on the use of the building. The primary structure might have to be 10 feet off the side line and secondary or outbuildings can be within 5 feet. Some areas have restrictions on how close your drive can be to the property line where other’s don’t care.

Most areas don’t restrict the proximity of the fence to your line. Assuming your restrictions allow you to build one, you can usually build it right on the line if you so choose. Thing is, as soon as you build “right on the line” that fence becomes common property so-to-speak. If your fence is on the line and the neighbor wants to tie a side fence into it, I am not sure there is anything you can do to stop it. If you set your fence into your property some distance (any amount that ensures that the entire fence is on your property), then you can bar the neighbor from connecting to your fence.

An issue you run into when you do offset your fence is that you reduce your usable land. You also run the risk of losing part of it to adverse possession. Of course, this is probably someone else’s issue as statistically speaking, you will have sold the property before the 20 year statute

So, before you go building a fence or erecting a structure on your property; at the very least, call the zoning department for your region.

*click here for a brochure produced by Farm Bureau on fences.

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