How to Cut a Fence on Private Property

Private fences may belong to multiple people.

Cutting down a fence on your property requires more than just a few tools. A fence line differentiates the space between your yard and a neighbor’s yard. When you cut down a fence, you must have complete ownership of the fence or request that your neighbor agree to the cutting. Removing a fence that belongs equally to your neighbor may result in some heavy fines, including the installation of a new fence.

Things You'll Need

• Shovel

Instructions

1. Contact the Courthouse in your city or county and ask about any local fencing laws. Depending on where you live, you may need a permit or complete other paperwork before removing the fence. Your town may also have laws in place that protect fences for livestock or other means.

2. Request a copy of your neighborhood map or other paperwork that shows your exact boundary lines. Compare the boundary line against the fence line on your yard. Make sure that the fence sits on your property line and not on any neighboring properties.

3. Contact your neighbor if the fence sits partially on your neighbor’s property. You need your neighbor's permission before cutting down the fence. You also need permission if you share maintenance of fences that sit on a neighbor’s property.

4. Wait for a response from the property owner. If you share ownership of the fence, then you must wait to remove the fence until you receive an approval from the other owner.

5. Remove the fence from the property. Dig the shovel into the ground around the fence, removing the top few inches of soil. Pull the fence out by sections, working with one section at a time.

Tips & Warnings

• If you are the only owner of the fence, then you have the legal right to remove the fence without contacting anyone.

• Unless you checked the borders of your lawn before placing the fence, you may have inadvertently placed the fence partly on your neighbor's property.

• If you cannot contact your neighbor in person, then send a letter via certified mail, which gives you proof that you attempted to make contact.

• If the other owner of the shared property does not approve your request, than he has the right to file a lawsuit if you remove the fence. The judge may require that you pay actual costs of installing a new fence and pay for any perceived damages, such as damage to the lawn, trees or other vegetation that surrounded the original fence.

References

• Legal Zoom: Neighbor Disputes: What to do When Your Neighbor Invades Your Property; Monica Sanders; October 2007
• Nolo: Fences and Neighbors FAQ
• University of Missouri: Fence Laws