Neighbor Wants to Build a Boundary Fence

[MidwestInNW]

My question involves real estate located in the State of: Washington

My neighbor wants to build a fence on the property line of my property. It would run along the edge of my RV pad, serve no function for me and it would not be used by myself to enclose any part of my property. I have no objection to him building the fence at all, I just want it entirely on his property. The RV pad has a nice edge of bricks which are located three inches inside from the property line. He wants to dig up the bricks, put the fence on the boundary to gain as much space as possible. Can I legally insist that the fence be entirely on his property ? As I mentioned, I would not connect to or enclose any portion of my property using this fence.

[L-1]

Washington laws regarding fences can be found here.

https://codes.findlaw.com/wa/title-1...2EFA883A08D708

I didn't spend a lot of time reading all the sections thoroughly, but at first glance it appears that if your neighbor is building a boundary fence, you may be on the hook to pay for half.

[adjusterjack]

With an exception:

16.60.020. Partition fence--Reimbursement
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure, so that such fence may also answer the purpose of inclosing his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them:  PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his or her land fenced with hog fencing and uses the partition fence to make a hog enclosure of his or her land, then he or she shall pay to the one who owns said hog fence one-half of the value thereof.

As long as you don't hook up any of your fencing to his fencing, you won't owe him anything.

You might also put it in writing to him that if he touches anything on your side of the property line, you'll have him charged with trespassing and vandalism, and sue him for the cost of repairs. Might be worth a couple of hundred to have a lawyer write a scary letter to him.

[budwad]

I suggest that you check with any local jurisdiction (township, municipality, or county) about any zoning laws about fence placement. Many zoning law don't allow a fence to be built on the property line. There needs to be a setback to allow for maintenance of the fence.

[Harold99]

I suggest that you check with any local jurisdiction (township, municipality, or county) about any zoning laws about fence placement. Many zoning law don't allow a fence to be built on the property line. There needs to be a setback to allow for maintenance of the fence.

Really? "Many zoning laws."

That would be an interesting law... forcing a person to forfeit some of his actual property so in the unlikely event that an a-hole neighbor would not allow that person to set foot on his property to beautify or replace a broken board on the other side of the fence. Furthermore, since laws like that do not exist within the millions of homes built in tracts, why would there be a law like that out in rural or country areas?

If a stupid law like that does exist, which I doubt amount to "many," maybe the law also requires the use of helicopters to do tree trimming when they grow over your neighbor's property line.

[yyz0]

Really? "Many zoning laws."

That would be an interesting law... forcing a person to forfeit some of his actual property so in the unlikely event that an a-hole neighbor would not allow that person to set foot on his property to beautify or replace a broken board on the other side of the fence. Furthermore, since laws like that do not exist within the millions of homes built in tracts, why would there be a law like that out in rural or country areas?

If a stupid law like that does exist, which I doubt, maybe the law also requires the use of helicopters to do tree trimming when they grow over your neighbor's property line.

Well, here's the rule on fences from my town in NYS:
(2) Fences and walls shall be set back at least two feet from any property line, excepting agricultural fences and fences erected jointly by the adjoining landowners;

[PayrolGuy]

Washington laws regarding fences can be found here.

https://codes.findlaw.com/wa/title-1...2EFA883A08D708

I didn't spend a lot of time reading all the sections thoroughly, but at first glance it appears that if your neighbor is building a boundary fence, you may be on the hook to pay for half.

Not so quick. From that link...

When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure, so that such fence may also answer the purpose of inclosing his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them:  PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his or her land fenced with hog fencing and uses the partition fence to make a hog enclosure of his or her land, then he or she shall pay to the one who owns said hog fence one-half of the value thereof.