In a Pennsylvania residential neighborhood, the person who wants the fence normally pays for it unless the neighbors agree to share. The state does have an old fence law, 29 P.S. section 41, that says owners of improved and occupied land share line and division fences. The Pennsylvania courts, in Fogle v. Malvern Courts, read that law as one about fences for livestock, and found it did not make a residential neighbor pay.
This page is general information, not legal advice. For a dispute, talk to your municipality or to a lawyer.
Does my neighbor have to pay for half of a new fence?
In an ordinary yard, no, not without agreeing to it. Because of how the courts read the fence law, you should not expect to make a neighbor pay for half, and you do not have to pay for half of a fence your neighbor decides to build. Shared fences between houses in Pittsburgh are shared by agreement. Put that agreement in writing.
What does the old Pennsylvania fence law actually say?
It dates from the 1800s, when most boundaries ran between farms. It lets an owner bring in a fence viewer, a role given to the county surveyor, to inspect a division fence and set what the other owner owes. As far as we could confirm it is still on the books, but it is rarely a fit for a city or suburban lot. A lawyer can tell you whether it applies to your situation.
Who owns the fence between two properties?
Ownership follows the land. A fence standing wholly on one lot belongs to that lot's owner. A fence built on the line by agreement is best treated as joint, with decisions made together. If you do not know which it is, a survey will show where the posts sit.
Can my neighbor put up a fence without asking me?
Yes, if it is on their own property and meets local rules. In Pittsburgh that means the zoning height limits and zoning approval, and the finished side has to face you. They do not need your consent. They do need to stay off your land.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor before doing anything to the fence. The choices are to move it to the surveyed line or to sign a written agreement about leaving it. Long-standing fence lines can carry legal weight in Pennsylvania, so see a real estate lawyer before you rely on the survey alone. We can remove a fence and rebuild it on the right line.
The contractor built my new fence over the property line. Who fixes it?
The contractor, when they picked the line or ignored the survey pins. Send a written request to have it moved at no charge. Your position is weaker if you showed them where to build. A good quote states the fence location and who marked it.
My neighbor and I agreed to split a new fence. How does the billing work?
Settle it in writing before work starts: the route, material, height, total price and each share. We can set out the shared run as a separate part of the estimate showing what each owner pays. Under Pennsylvania's home improvement law a job over $500 needs a written contract, so each paying owner should be clear on what they are signing.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that sits entirely on your own lot does not need the neighbor's sign-off, though it still needs to meet the zoning rules. Have the line marked first. The Allegheny County real estate website lists the owner of record and a mailing address if you want to send notice.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it is on your land it is yours to remove and replace. If it is on the line, or you are unsure, give the neighbor written notice before taking it down and keep a copy. Then build the new one on your side.
My neighbor's tree roots are lifting our fence. Who handles that?
It takes two people. An arborist assesses the roots and the fence contractor works around them. Large roots should not be cut until the arborist has looked, since that can destabilize or kill the tree, and on a hillside the tree may be helping hold the bank. We can often shift a post or bridge over the root.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts, a bottom rail and tension wire. A fence is still not built to hold back a load. Ask the owner in writing to move the material, and if nothing changes, report it to your municipality's code enforcement office.
The only real price is one based on your own yard. The estimate is free and done on site. Call (412) 851-6524 or text us a photo of the fence line.