Fences and Neighbors: Property Lines, Heights and Shared Costs
Most fence disputes are not about the fence. They are about where the line is, who pays and who decided. A few steps before the first post hole avoid nearly all of them.
Find the line before you build
Do not assume the old fence, a hedge or a row of stakes marks the property line. Older fences in Seattle-area neighborhoods are often a foot or more off. Options:
- Existing survey markers. Metal pins or monuments at lot corners, sometimes buried. A metal detector helps find them.
- Your plat and deed. They describe the lot dimensions; the county's parcel maps show approximate lines but are not survey-accurate.
- A boundary survey. A licensed surveyor locates and marks the line. On any fence near the line, especially an expensive one, it is the cheapest insurance you can buy.
Building on a neighbor's land, even by inches, can mean taking the fence down later.
Talk before you build
Tell neighbors about your plans before the crew arrives. Share:
- Where the fence will go and how you know the line.
- The height, style and material.
- Which side will face them.
- When work will happen and whether the crew needs access from their side.
A neighbor who hears about a fence from the noise of an auger is more likely to object to things they would otherwise accept.
Sharing costs
Washington does not have a general rule requiring neighbors to share the cost of a fence between their properties. Sharing is a private agreement. If you share:
- Agree on the design, cost split and contractor in writing.
- Decide who maintains the fence and how future repairs are split.
- If the fence sits on the line, note in the agreement that it is jointly owned.
If a neighbor does not want to share, you can still build entirely on your own side, at your own cost, within height and setback rules.
Which side faces out
Custom is that the finished side faces outward, toward the neighbor or street, with posts and rails on the owner's side. Many HOAs require this. On shared fences, double-sided or board-on-board styles look finished from both sides.
Height limits, permits and HOA rules
Fences up to seven feet generally do not need a building permit under the residential code, but each city's zoning sets maximum heights. Common patterns in the region: about six feet along side and rear lines, lower in front yards and in sight triangles near driveways and corners. Fences on retaining walls are measured in specific ways. HOAs often set their own heights and styles. Check before you build.
Utilities
Call 811 before digging. The free service marks underground utility lines on your property so post holes do not hit gas, power or water lines. Private lines, such as power to a garage or irrigation, are not marked; tell the fence crew where you know they run.
Trees, buffers and open space
Fences along a neighbor's tree, a stream buffer or an HOA open-space tract have extra considerations: roots near the surface, rules against disturbing protected areas, and lines that the plat defines precisely. In protected areas, the fence goes on your side and clearing inside is generally not allowed.
When there is already a dispute
If a neighbor disputes the line, get a survey before anything else. If the survey shows an old fence is off the line, long-standing use can raise legal questions; talk to a real-estate attorney before removing or moving it.
A simple checklist
- [ ] Line located: markers found or survey done
- [ ] Neighbors informed; access agreed
- [ ] Cost sharing agreed in writing, if shared
- [ ] Height and setbacks checked with the city and HOA
- [ ] 811 called; private lines identified
- [ ] Contractor has a site plan with the fence line