Neighbor's Fence on My Property & Vermont's Fence Laws
Fences can serve important functions on a piece of property. They can enhance the value of your property, keep animals and people safe by restricting movement across a given boundary, add aesthetic value and mark property lines. Fences can also be a source of animosity between neighbors when a fence is installed illegally or encroaches too far onto a neighbor's property. When a neighbor's fence is on your property, Vermont's fence laws provide some options for resolution.
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Vermont History
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In Vermont's past, under common law, adjoining landowners only had to fence their properties if they agreed to do so. Over time, the Vermont courts began imposing strict liability for property damage caused by the trespassing livestock of one landowner onto another's property, which encouraged people to fence their land. Eventually, Vermont enacted laws requiring landowners to fence their property. Owners and occupants of adjoining land were equally responsible for erecting and maintaining equal sections of the fence dividing their properties.
Fence Viewers
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The selectboard (board of elected officials who run public business affairs for New England towns) began calling upon "fence viewers" to determine fence boundary lines and assign costs to adjoining property owners for the building and maintenance of fences. Fence viewers were frequently used during the 1800s, but in the 21st century, they are only called upon occasionally to inspect a fence line between adjoining properties and allocate costs for building, repairing and maintaining the fence. A fence viewer may also be asked to determine placement of a fence between adjoining parcels when it cannot be placed squarely on the designated property line.
Role and Responsibilities
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The selectboard appoints three fence viewers each year. Each fence viewer must be eligible to vote and must be sworn into his position. If your neighbor's fence is on your property, you can make a request to the selectboard to have a fence viewer examine the property lines and placement of the existing fence. The fence viewer is required to notify you and your neighbor as to the time when the fence or property lines will be examined before making a division relating to the fence or property line. The fence viewer's decision is certified and recorded at the town clerk's office and becomes valid against all parties involved and their heirs and assigns (those who may hold an interest in the property in the future).
Appeals
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A fence viewer may not establish boundary lines or property ownership. Only the selectboard can release a landowner of unimproved or unoccupied land from the responsibilities of building or maintaining a fence between his and his neighbor's adjoining parcels of land. Vermont's fence laws allow a landowner to appeal a fence viewer's decision to the district or superior court if the appeal is made within two hours of the fence viewer rendering her decision. If the fence viewer fails to use the standard care and skills necessary to perform her duties, she will be liable to pay $5 to you if you requested her services, plus the costs of any resulting civil damages.
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