Who Pays for a Fence Between Neighbors in Pennsylvania?

In a typical Pennsylvania neighborhood, the person who wants the fence pays for it. Your neighbor has no legal duty to split the cost unless they agree to. Pennsylvania does have a division fence statute, 29 P.S. Section 41, that tells adjoining owners to "erect and maintain an equal part" of line fences, but the courts have limited it to farm settings.

The case that settled it is Fogle v. Malvern Courts, Inc., decided by the Pennsylvania Supreme Court on January 20, 1999. A Chester County couple tried to use the statute to make their neighbors share the cost of a fence around their residential property. The court ruled against them, writing that the Fence Law "does not apply to single-family residential neighborhoods in typical urban or suburban settings, where the containment of livestock is not a concern." This post explains what the statute says, where it still applies, and how neighbors who do want to share a fence should set it up.

What Does Pennsylvania's Fence Law Say?

A division fence is a fence that runs along the boundary between two properties. Pennsylvania's rules on them sit in Title 29 of the Pennsylvania Statutes, and only a handful of sections remain.

Section 41 says owners of "improved and occupied land" must put up and maintain an equal share of the line fences between them. If one owner refuses, the other can notify the county surveyor, who acts as a fence viewer and inspects the fence. A delinquent owner has forty days from notice to build or repair their part. The statute also says no owner can be compelled to build or repair a fence during December, January, February or March, and it does not apply to railroad companies.

Section 42 covers the owner who improves their land later and then uses a fence the neighbor already built. That owner becomes liable for a just and reasonable part of its cost.

Read alone, those sections sound like they apply to every backyard. The courts read them differently.

Who Pays for a Fence Between Neighbors in a Residential Area?

You do, if you are the one building it. The Pennsylvania Superior Court's 1997 decision in the Fogle case said Section 41 "does not require an adjoining landowner who does not keep livestock to share the cost of a fence for the benefit of a neighbor." The Supreme Court affirmed in 1999 and explained that the law addresses the sharing of costs for fences on farms and ranches.

The court also traced the history. Pennsylvania repealed its old colonial fencing act in 1889, which returned the state to the common law rule: the owner of cattle must fence them in or answer for the damage they cause. The surviving fence statute exists to sort out disputes over livestock fences, and a privacy fence between two suburban lots falls outside that purpose.

So for a homeowner in Harrison City, Murrysville, Greensburg or Pittsburgh, the practical rules are simple:

• If you want a fence and your neighbor does not, you pay for all of it.

• If your neighbor agrees to share, the agreement is what binds them, not the statute.

• If you build it alone on your side of the line, it is your fence to maintain and yours to remove.

When Does the Fence Law Still Apply?

The statute is still on the books and still matters where livestock are involved. Two adjoining owners who both keep animals and both rely on a line fence are the situation it was written for. The county surveyor's role as fence viewer, the forty-day deadline and the winter exemption all remain part of the law.

If you own rural land in Westmoreland County and share a pasture fence, talk to an attorney before relying on any summary of the statute, this one included. The way a court applies it depends on the facts, and this post is general information, not legal advice. For the fence itself, our guide to split rail fencing for rural Western PA properties covers the common choice for open land.

How Should Neighbors Split the Cost If They Both Want the Fence?

Plenty of neighbors do share a fence, and it works well when the terms are written down before any work starts. A short signed agreement should cover:

• Who pays what share of the installation

• Exactly where the fence will sit in relation to the property line

• The material, height and style, and which way the finished side faces

• Who handles repairs and how future costs are divided

• What happens if one owner sells

A fence built directly on the line with shared money is shared property in practice, and a new owner next door inherits a fence without inheriting your handshake. Putting it in writing protects both households.

Ask the contractor to quote the shared run as its own line item. That gives both neighbors one number to divide and keeps the rest of your project separate. Confirm the boundary first. Our post on how fence installers measure property lines explains why a tape measure from the house is not enough.

What If Your Neighbor Will Not Pay or Does Not Want a Fence at All?

Build on your own property. A fence that stands entirely inside your line, meets the township's height and location rules, and has any required permit is yours to install without the neighbor's permission or money.

A few steps keep it from turning into a dispute:

• Tell the neighbor your plans and timing before the crew arrives.

• Keep the fence a little inside the line so you can maintain both faces from your own ground.

• Check your municipality's rule on which side faces out. Some require the finished side toward the neighbor.

• Keep your survey, permit and contract together in case the location is ever questioned.

For the etiquette side of this, see our fence etiquette tips for staying on good terms with neighbors. If the boundary itself is in doubt, how a fence can help or hurt a boundary dispute is the better starting point.

Who Repairs a Fence That Sits on the Line?

It follows ownership. A fence one owner paid for and built is that owner's to repair. A fence two neighbors built together under an agreement is repaired the way the agreement says. Where there is no agreement and nobody remembers who built it, neighbors usually have to work it out between themselves, because the residential lots the Fogle court described are outside the cost-sharing statute.

Storm damage is a separate question that involves your insurance policy, not your neighbor's wallet.

FAQ

Does my neighbor have to pay for half of a fence in Pennsylvania?

Not in a typical residential neighborhood. The Pennsylvania Supreme Court held in 1999 that the state's Fence Law does not apply to single-family residential neighborhoods where containing livestock is not a concern.

What is a fence viewer?

Under 29 P.S. Section 41, the county surveyor acts as a fence viewer when one owner claims the other has not built or maintained their share of a line fence. The viewer inspects the fence and determines what is needed.

Can I build a fence on the property line without my neighbor's permission?

Many municipalities allow a fence on or at the line, and you do not need the neighbor's consent to build on your own land. Local zoning controls the location, so confirm it with your township first.

Is a verbal agreement to split a fence enough?

It is hard to prove later, and it does not follow the property when a house sells. Put the cost split, location and maintenance terms in writing and have both owners sign.

Can my neighbor attach things to my fence or paint their side?

A fence that stands on your property and that you paid for belongs to you. Talk to the neighbor first, and speak with an attorney if it becomes a real dispute.

Does Pennsylvania have a spite fence law?

Pennsylvania's fence statutes in Title 29 do not include a spite fence section. Height and placement are controlled by municipal zoning.

A Fence Quote You Can Share With Your Neighbor

Just Fences is a locally owned fence company in Harrison City that has served the Greater Pittsburgh area since 2007. The company installs vinyl, aluminum, wood, chain link and custom fences and offers free quotes. If you and a neighbor are planning a shared run, ask for it to be priced separately so you both have a clear number to work from. You can see installed styles in the project gallery.

Visit Just Fences or call (724) 392-4416 today. Contact us for more information.