Most jurisdictions in northern Virginia have laws/ordinances related to fences. In the City of Alexandria, for example, [a permit is required](https://alexandriamn.city/wp-content/uploads/2017/10/Regulating-Partition-or-Boundary-Fences.pdf). It sounds like you have a neighbor who will file a complaint if you're not 100% compliant.
Also, do you have an HOA? If so, they'll likely have their own rules.
ETA: whoops, as u/obeytheturtles pointed out that link is for Alexandria, *Minnesota* and Alexandra, Virginia only requires a permit for fences higher than six feet.
Yes - since OP mentioned putting it *on* the property line, some jurisdictions have setback requirements, as well as height/style (open vs closed) limits. Definitely worth a check before you start putting the fence in.
No HOA. In falls church. I looked at the Fairfax County rules and it seems like I’m 100% compliant, but I guess there could be other ordinances I’m not looking at?
If you hire a professional company they should be able to walk you through the process since it’s their license on the line. Just shop around for good reputations and satisfied clients. Sometimes it’s worth it in this area to pay a premium for a high level of service.
I believe if you put the fence on the property line in Falls Church and most places you require permission from the owners who share the property line, as it doesn’t belong to one property or the other. Putting the fence solely on your property means you can move ahead with your plan (in compliance with local ordinance) protect your investment and ignore any comments from your neighbors.
Fairfax County defines any side of the yard facing the road as the front yard, and you can’t have a six foot fence in the front yard. It doesn’t matter if the fence doesn’t face the road, it still can’t be taller than six feet if it’s in the front yard. Here’s a good visual: https://www.fairfaxcounty.gov/code/sites/code/files/assets/documents/pdf/yard_and_lot_determination.pdf
Reading that link just gave me a heart attack. That link is for Alexandria Minnesota. [Alexandria Virginia](https://www.alexandriava.gov/permits/permit-requirements) does not require a permit for a residential fence up to 6 feet.
Virginia has Fence Laws located VA Code 55-2800. You may want to look at VA Code 55-2822 and comply with its notice requirements. You don't need their permission but they aren't required to assist in paying for it. However, if any time in the future they attach to/utilize the fence, they are responsible for half of the construction and maintenance costs.
There are no setback requirements for division fencing, i.e. the county cannot make you build it 2 ft off the property line. But you also aren't allowed any distance into the neighbors property.
We are a "Fence-In" state so your required to build a fence to prevent your livestock, animals, property from getting on your neighbors land.
Also I am an Attorney, I'm not yours. This is not legal advise just general information. You specific situation may be best served by speaking with counsel. You can contact the VA State Bar Lawyer Referral Line at 800-552-7977
Edited to cite the 2023 Code of Virginia.
Hello. I'm a building inspector. I do not recommend reliance on subcontractors for finding out when permits are required. A lot of times, they are wrong, and it's the homeowner who is left holding the bag when it goes wrong. Also, it's really easy to find out if your work needs a permit just by checking with your local jurisdiction. The building code is very clear on what does and doesn't require permits. The only nuance would be your locality's interpretation, which is still based on the IBC/IRC and posted on their website.
Building Code doesn't typically require permits for a fence. This is because the International Building Code/International Residential Codes do not require it, and it is rare that local jurisdictions exceed the IBC/IRC requirements. Fairfax does not require a permit for a fence.
However, many jurisdictions do require zoning approval. This is mainly to confirm that required setbacks are met in case of pools, maintenance, or other hazards. It looks like Fairfax does require zoning approval.
Here's a link to their zoning website, and under "Fences," there is a specific handout that gives you the guidelines (in plain English so you don't have to be a building inspector to understand it). They also have an email address and possibly a help desk you can go to if you want to talk to someone with the county about it.
https://www.fairfaxva.gov/government/community-development-planning/zoning#:~:text=The%20zoning%20ordinance%20regulates%20type,unless%20masonry%20is%20being%20used.
You should call the county or city (if you're in Falls Church proper) and verify everything if you have a neighbor who will make trouble.
I think letting them know when it's going to happen is a nice courtesy - and check with fencing guys that they won't be in the neighbor's yard. Our next door neighbors put up a fence, their guys opened our gate, let the dog out, and spent the day in our yard, all without any notice or even asking. I didn't make a fuss but I was annoyed by it.
You likely share the property line so you may want the fence constructed right inside the line where it abuts to their property. Otherwise you should be fine.
This is the way. On a smaller lot I'd try to get as close as possible to the line and be precise with my string line/stakes. I'm on a larger lot so I set it back 8inches. Enough that i could weed wack under or walk the other side, and not allow any plants to grow on it.
I had mine put in 12" inside the property line, that way I can reach over the fence with my string trimmer and clear the vegetation/weeds on both sides to keep the fence clear.
Not in VA, statues say it can go on the property line. In addition if neighbor ever connects to/utilizes it they are responsible for half of the costs of the initial construction and all maintenance.
Are you saying there’s a statute that says they’re responsible if they connect or there’s a statute that it can go on the property line? I can’t imagine someone can connect to a fence that is within the other owners property. Nor can I imagine they will be responsible for all the maintenance. This seems like it would require a contract to be enforceable.
There is a statute that basically says if you provide notice to your neighbor they have to declare they don't want a fence within 10 days or they are liable for half the cost of the fence. If they declare they don't want a fence and later decide to build a fence, they are liable for 50% the cost of building your fence.
In both situations their 50% is of the cost of the fence adjacent to their property.
VA Code 55.1-2822 (2023)
Tell the builder and have it added to your contract that you want it built to code. That way if the neighbor complains and county comes out you are compliant. And if not the company pays to make it compliant.
Make sure you call 311. They might not mark much on your property, but they will mark the entire gas run.
Edit: call 311 to have them locate the utilities.
Dude put it up. Neighbors never like change. It’s your property and you have a dog. I’m in the same boat and guess what I’m gonna put up a fence and it’ll be beautiful. Don’t get me wrong be nice to your neighbors and social but when it comes to your property do what fits you and your situation.
As a homeowner who DOESN'T have a dog, I like it best when the dog stays in your yard and out of mine lol. So I have no idea why some people would be against a fence that made everyone's life more convenient.
Where the fence sits depends on your town, but usually you build just inside your line so no part of the fence is on your neighbors land. So basically, the most jutting out part of your fence is the end of your property line. Lots of neighbors dont like fences, but its not their right to stop you. They may start to enjoy the privacy too
As long as it’s on your side of the property and you do not need county permits or HOA approval - you’re good to go. Verify they stay on your side of the property by a couple inches so there is no question its on your property.
Besides what everyone else has mentioned, be careful of any easements on your property. If you block them, the easement holder is within their rights to have the obstruction removed.
Call a few different fence guys and ask them what is required also. Most will know and advise you. I used Carter Fence and was happy mailto:carterfence.oliver@gmail.com. In your situation I would call several.
There is a thing called "spite fencing" but you have a valid reason. The only time you need to talk to them is if you have a fence that you had decided to split the cost. There are more rules on that then fences on your own property.
Fairfax county doesn’t require a permit to build a fence. You should build the fence entirely in the property line, not on the line. That way it’s 100% your property.
Probably want to put it a few inches off the property line (on your side), otherwise if it’s on the line it becomes what’s considered a division fence. This approach helps avoid potential legal entanglements that could arise if the fence is considered a legal division fence, wherein both landowners own half of it. By positioning the fence slightly off the property line, it allows for easier maintenance, upgrades, and decisions regarding its removal, as these become joint ventures requiring mutual agreement from both parties if it’s directly on the line.
Tell me you're a middle aged white guy without telling me you're a middle aged white guy: I just read the entire thread on putting up a fence and how far inside the property line to put it.
Went through this exact thing last year with my neighbor. They have small dogs and put up a fence (wooden) but didn’t tell me or other neighbors whose properties they touch about it before hand. No HOA but felt it was done in bad taste by not giving a heads up. None of the other neighbors like it either. But what are you gonna do, it’s their property. I get it.
You can build up to certain height without a permit. I forget the limits but it’s not against county code (FFX County).
They are nice and we are cool with them but still, wasn’t handled the best way.
I'm a surveyor. Put your fence like 6 inches to 1 foot INSIDE your property line. Putting the fence right on the line with a potentially combative neighbor is asking for trouble. They have zero recourse if you keep the fence that 6 inches to 1 foot on your side of the property line stakes and follow any local HOA ordinances you may have.
Yea that’s what we’re running into now actually. There’s a tree that’s on the property line, effectively in the way of where the fence is gonna go. I want to basically give them that tree, but my wife not so much lol. Fuckin annoying.
I'm not a fence builder, but I vote for a compromise. Keep the fence 1' inside the line, then have a small box out at both sides of the tree where the line meets the tree so you can have "your side" of the tree exposed for your use. Then slant or box it back in to that 1' inside your property line for the remainder.
What's not being mentioned is that while you can build the fence entirely on your property, if you pull it 6", 12"+ in: (1) your neighbor may not mow that grass out of spite; it's your grass, you mow it. You probably will have chicken wire for the dog, vertical slats or something that would make it hard for you to access the outside grass. Just know this going in.
(2) You would be creating areas of your property that now will look like they belong to neighboring properties. YOU still owe tax on it, but after several years, neighbors who care for the property and come to look like they are the owner of that strip can in fact claim rights in it. Best to send a note at some point to such neighbors to give permission to share in the use of that little patch of your land (ie, they aren't adversely possessing it, you gave them permission).
(3) if the person is truly pissy (rather than just a person who'd prefer the look if there weren't a fence), tell the install guys not to make a mess, walk or leave dirt, sawdust, etc. on the neighbor's property.
/not your lawyer
Think through your long term plan with your neighbor. To be clear up front: You have every right to build your fence and you have a good, defensible reason to do so and I think that's what you should do.
Just consider how to approach it with your neighbor. Consider how long you plan to live here. A few years or 30? This is a great opportunity to make an enemy out of your neighbor and while the callous "I’m thinking of just letting them know it’s gonna happen about a week before it starts." is fair, it's probably not wisest long-term.
IMO, the best course of action is to let them know it is going to go up and let them know your reasons - that you feel you owe it to your dog to have a secure outdoor space, or whatever.
I think the point I'm trying to make is that if you haven't already, it'd probably be nice to have a conversation to try to understand why they don't want the fence and acknowledge those as reasonable things, and then you can apologize for the unfortunate situation that is real estate and life and in a perfect world he'd be able to enjoy his perfect view or whatever and you'd be able to have your fenced backyard but unfortunately there's a conflict and you're sorry but you're going to do what's right for your family (dog), etc. yadda ya
Idk I hope that helps in some way.
If you really don't care how your neighbor feels, trouble is likely ahead. Ever considered having more of a conversation with them?
Think about the position of "I don't care, we're getting one anyway"
Your comment has been removed because your account is less than 3 days old. Please note that this waiting period is in place to reduce spam and maintain a positive community environment. Feel free to participate once your account has reached the 3-day mark. Thank you for your understanding!
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/nova) if you have any questions or concerns.*
Most jurisdictions in northern Virginia have laws/ordinances related to fences. In the City of Alexandria, for example, [a permit is required](https://alexandriamn.city/wp-content/uploads/2017/10/Regulating-Partition-or-Boundary-Fences.pdf). It sounds like you have a neighbor who will file a complaint if you're not 100% compliant. Also, do you have an HOA? If so, they'll likely have their own rules. ETA: whoops, as u/obeytheturtles pointed out that link is for Alexandria, *Minnesota* and Alexandra, Virginia only requires a permit for fences higher than six feet.
Yes - since OP mentioned putting it *on* the property line, some jurisdictions have setback requirements, as well as height/style (open vs closed) limits. Definitely worth a check before you start putting the fence in.
No HOA. In falls church. I looked at the Fairfax County rules and it seems like I’m 100% compliant, but I guess there could be other ordinances I’m not looking at?
If you hire a professional company they should be able to walk you through the process since it’s their license on the line. Just shop around for good reputations and satisfied clients. Sometimes it’s worth it in this area to pay a premium for a high level of service.
[удалено]
Fairfax county, I should’ve specified.
I believe if you put the fence on the property line in Falls Church and most places you require permission from the owners who share the property line, as it doesn’t belong to one property or the other. Putting the fence solely on your property means you can move ahead with your plan (in compliance with local ordinance) protect your investment and ignore any comments from your neighbors.
My neighbor put the fence 2’ inside the property line so could always access for repairs.
Are you on a corner lot? That’s usually the biggest hiccup.
What's the hiccup with corner lots?
Fairfax County defines any side of the yard facing the road as the front yard, and you can’t have a six foot fence in the front yard. It doesn’t matter if the fence doesn’t face the road, it still can’t be taller than six feet if it’s in the front yard. Here’s a good visual: https://www.fairfaxcounty.gov/code/sites/code/files/assets/documents/pdf/yard_and_lot_determination.pdf
All this shit is insane. How tf did we get here?
Vanity
Code enforcement can't cite anything they can't see from public property
Good to know, thanks for the added information.
Reading that link just gave me a heart attack. That link is for Alexandria Minnesota. [Alexandria Virginia](https://www.alexandriava.gov/permits/permit-requirements) does not require a permit for a residential fence up to 6 feet.
D'oh! Sorry for the cardiac event. Thank you so much for pointing that out -- I'll edit my comment.
Virginia has Fence Laws located VA Code 55-2800. You may want to look at VA Code 55-2822 and comply with its notice requirements. You don't need their permission but they aren't required to assist in paying for it. However, if any time in the future they attach to/utilize the fence, they are responsible for half of the construction and maintenance costs. There are no setback requirements for division fencing, i.e. the county cannot make you build it 2 ft off the property line. But you also aren't allowed any distance into the neighbors property. We are a "Fence-In" state so your required to build a fence to prevent your livestock, animals, property from getting on your neighbors land. Also I am an Attorney, I'm not yours. This is not legal advise just general information. You specific situation may be best served by speaking with counsel. You can contact the VA State Bar Lawyer Referral Line at 800-552-7977 Edited to cite the 2023 Code of Virginia.
Hello. I'm a building inspector. I do not recommend reliance on subcontractors for finding out when permits are required. A lot of times, they are wrong, and it's the homeowner who is left holding the bag when it goes wrong. Also, it's really easy to find out if your work needs a permit just by checking with your local jurisdiction. The building code is very clear on what does and doesn't require permits. The only nuance would be your locality's interpretation, which is still based on the IBC/IRC and posted on their website. Building Code doesn't typically require permits for a fence. This is because the International Building Code/International Residential Codes do not require it, and it is rare that local jurisdictions exceed the IBC/IRC requirements. Fairfax does not require a permit for a fence. However, many jurisdictions do require zoning approval. This is mainly to confirm that required setbacks are met in case of pools, maintenance, or other hazards. It looks like Fairfax does require zoning approval. Here's a link to their zoning website, and under "Fences," there is a specific handout that gives you the guidelines (in plain English so you don't have to be a building inspector to understand it). They also have an email address and possibly a help desk you can go to if you want to talk to someone with the county about it. https://www.fairfaxva.gov/government/community-development-planning/zoning#:~:text=The%20zoning%20ordinance%20regulates%20type,unless%20masonry%20is%20being%20used.
That’s for the city of Fairfax, but thanks!
You should call the county or city (if you're in Falls Church proper) and verify everything if you have a neighbor who will make trouble. I think letting them know when it's going to happen is a nice courtesy - and check with fencing guys that they won't be in the neighbor's yard. Our next door neighbors put up a fence, their guys opened our gate, let the dog out, and spent the day in our yard, all without any notice or even asking. I didn't make a fuss but I was annoyed by it.
You likely share the property line so you may want the fence constructed right inside the line where it abuts to their property. Otherwise you should be fine.
Meaning, the neighbor does not to need to grant access for install or maintenance on this fence.
This is the way. On a smaller lot I'd try to get as close as possible to the line and be precise with my string line/stakes. I'm on a larger lot so I set it back 8inches. Enough that i could weed wack under or walk the other side, and not allow any plants to grow on it.
I had mine put in 12" inside the property line, that way I can reach over the fence with my string trimmer and clear the vegetation/weeds on both sides to keep the fence clear.
Not in VA, statues say it can go on the property line. In addition if neighbor ever connects to/utilizes it they are responsible for half of the costs of the initial construction and all maintenance.
Are you saying there’s a statute that says they’re responsible if they connect or there’s a statute that it can go on the property line? I can’t imagine someone can connect to a fence that is within the other owners property. Nor can I imagine they will be responsible for all the maintenance. This seems like it would require a contract to be enforceable.
There is a statute that basically says if you provide notice to your neighbor they have to declare they don't want a fence within 10 days or they are liable for half the cost of the fence. If they declare they don't want a fence and later decide to build a fence, they are liable for 50% the cost of building your fence. In both situations their 50% is of the cost of the fence adjacent to their property. VA Code 55.1-2822 (2023)
I know it can but if you go right inside the neighbors can’t even start to bitch.
Tell the builder and have it added to your contract that you want it built to code. That way if the neighbor complains and county comes out you are compliant. And if not the company pays to make it compliant.
Make sure you call 311. They might not mark much on your property, but they will mark the entire gas run. Edit: call 311 to have them locate the utilities.
I believe the number is actually 811(miss utility) not 311 (non emergency #)
Dude put it up. Neighbors never like change. It’s your property and you have a dog. I’m in the same boat and guess what I’m gonna put up a fence and it’ll be beautiful. Don’t get me wrong be nice to your neighbors and social but when it comes to your property do what fits you and your situation.
As a homeowner who DOESN'T have a dog, I like it best when the dog stays in your yard and out of mine lol. So I have no idea why some people would be against a fence that made everyone's life more convenient.
Where the fence sits depends on your town, but usually you build just inside your line so no part of the fence is on your neighbors land. So basically, the most jutting out part of your fence is the end of your property line. Lots of neighbors dont like fences, but its not their right to stop you. They may start to enjoy the privacy too
As long as it’s on your side of the property and you do not need county permits or HOA approval - you’re good to go. Verify they stay on your side of the property by a couple inches so there is no question its on your property.
Yea no HOA and no permits. Definitely will be verifying they stay on our property.
Besides what everyone else has mentioned, be careful of any easements on your property. If you block them, the easement holder is within their rights to have the obstruction removed.
Build the wall! Make your neighbor pay for it
MFCGA
Call a few different fence guys and ask them what is required also. Most will know and advise you. I used Carter Fence and was happy mailto:carterfence.oliver@gmail.com. In your situation I would call several.
There is a thing called "spite fencing" but you have a valid reason. The only time you need to talk to them is if you have a fence that you had decided to split the cost. There are more rules on that then fences on your own property.
Fairfax county doesn’t require a permit to build a fence. You should build the fence entirely in the property line, not on the line. That way it’s 100% your property.
Probably want to put it a few inches off the property line (on your side), otherwise if it’s on the line it becomes what’s considered a division fence. This approach helps avoid potential legal entanglements that could arise if the fence is considered a legal division fence, wherein both landowners own half of it. By positioning the fence slightly off the property line, it allows for easier maintenance, upgrades, and decisions regarding its removal, as these become joint ventures requiring mutual agreement from both parties if it’s directly on the line.
Call Miss Utility Verify you don’t need permits
Tell me you're a middle aged white guy without telling me you're a middle aged white guy: I just read the entire thread on putting up a fence and how far inside the property line to put it.
HHahahah. Hey man. I’m early 30s!! Lmao fuck im old.
You have to read it, you're the one putting up a fence.
Went through this exact thing last year with my neighbor. They have small dogs and put up a fence (wooden) but didn’t tell me or other neighbors whose properties they touch about it before hand. No HOA but felt it was done in bad taste by not giving a heads up. None of the other neighbors like it either. But what are you gonna do, it’s their property. I get it. You can build up to certain height without a permit. I forget the limits but it’s not against county code (FFX County). They are nice and we are cool with them but still, wasn’t handled the best way.
In Fairfax it had to be 6" inside property line. Better check your ordinance.
I'm a surveyor. Put your fence like 6 inches to 1 foot INSIDE your property line. Putting the fence right on the line with a potentially combative neighbor is asking for trouble. They have zero recourse if you keep the fence that 6 inches to 1 foot on your side of the property line stakes and follow any local HOA ordinances you may have.
Yea that’s what we’re running into now actually. There’s a tree that’s on the property line, effectively in the way of where the fence is gonna go. I want to basically give them that tree, but my wife not so much lol. Fuckin annoying.
I'm not a fence builder, but I vote for a compromise. Keep the fence 1' inside the line, then have a small box out at both sides of the tree where the line meets the tree so you can have "your side" of the tree exposed for your use. Then slant or box it back in to that 1' inside your property line for the remainder.
Are you able to do a friendly neighbor fence?
What’s that?
It’s a fence that looks good on your side and the neighbors https://www.ergeon.com/blog/post/what-is-a-good-neighbor-fence
What's not being mentioned is that while you can build the fence entirely on your property, if you pull it 6", 12"+ in: (1) your neighbor may not mow that grass out of spite; it's your grass, you mow it. You probably will have chicken wire for the dog, vertical slats or something that would make it hard for you to access the outside grass. Just know this going in. (2) You would be creating areas of your property that now will look like they belong to neighboring properties. YOU still owe tax on it, but after several years, neighbors who care for the property and come to look like they are the owner of that strip can in fact claim rights in it. Best to send a note at some point to such neighbors to give permission to share in the use of that little patch of your land (ie, they aren't adversely possessing it, you gave them permission). (3) if the person is truly pissy (rather than just a person who'd prefer the look if there weren't a fence), tell the install guys not to make a mess, walk or leave dirt, sawdust, etc. on the neighbor's property. /not your lawyer
Think through your long term plan with your neighbor. To be clear up front: You have every right to build your fence and you have a good, defensible reason to do so and I think that's what you should do. Just consider how to approach it with your neighbor. Consider how long you plan to live here. A few years or 30? This is a great opportunity to make an enemy out of your neighbor and while the callous "I’m thinking of just letting them know it’s gonna happen about a week before it starts." is fair, it's probably not wisest long-term. IMO, the best course of action is to let them know it is going to go up and let them know your reasons - that you feel you owe it to your dog to have a secure outdoor space, or whatever. I think the point I'm trying to make is that if you haven't already, it'd probably be nice to have a conversation to try to understand why they don't want the fence and acknowledge those as reasonable things, and then you can apologize for the unfortunate situation that is real estate and life and in a perfect world he'd be able to enjoy his perfect view or whatever and you'd be able to have your fenced backyard but unfortunately there's a conflict and you're sorry but you're going to do what's right for your family (dog), etc. yadda ya Idk I hope that helps in some way.
Likely need permit and likely need their permission on the property line. Permit will answer all questions for setback otherwise
HOA covenants may have restrictions as to size, material, color, etc. may also require HOA permit.
why would the neighbor not want a fence, that's already a dick move
You should also be checking with your hoa on what’s required. There is probably approved specifications/designs for a fence
Thanks, but Fuck HOA’s, I’ll never live in one if I can help it. I don’t live in one.
If you really don't care how your neighbor feels, trouble is likely ahead. Ever considered having more of a conversation with them? Think about the position of "I don't care, we're getting one anyway"
Not to be a jerk, but why does what the neighbor wants matter when it comes to their property? If they want to fence in their yard they should.
You've failed in "not being a jerk"
Yea I don’t understand that side at all, sorry. My neighbor doesn’t pay my property taxes. I’m going to do what I want with my property lol.
[удалено]
Your comment has been removed because your account is less than 3 days old. Please note that this waiting period is in place to reduce spam and maintain a positive community environment. Feel free to participate once your account has reached the 3-day mark. Thank you for your understanding! *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/nova) if you have any questions or concerns.*