The Good Neighbor Fence Law Oklahoma states what happens when two landowners get into a dispute regarding a boundary fence. It discusses your rights and responsibilities as a neighbor. You may hear about this law as the “Division Fence Statute” as well. It explains that adjoining landowners should share the cost of building a “sufficient and lawful” fence.
If two neighbors don’t agree on fence building/repair, the law states that fence viewers will be appointed to determine who pays for the thing. You will write clear-cut agreements to ensure that all shared fence duties are in writing. That’s how you resolve fence-related disputes.
The law also addresses what happens when one neighbor removes boundary fences or doesn’t maintain them properly. We’ll discuss this legal framework in detail in this article.
You’ll learn how to reduce disputes and encourage cooperative solutions in fence building.
Good Neighbor Fence Law Applications
This law is for fences that act as boundary partitions between two adjacent properties owned by different persons. If a fence lies within one property (like an interior fence or a decorative one), it doesn’t fall under the Good Neighbor Fence Law Oklahoma. The statute mandates “good and sufficient fences,” typically a common fencing type like wood, wire, chain-link, pipe, etc. This one has to be a functional barrier. So, privacy fences fall under the purview of this law.
Exceptions
But there are some exceptions to this law. For instance, landowners using land as a commons are not subject to this law. Fences adjacent to railroads are also an exception; that’s because railroads have their unique fencing obligations. Livestock enclosures are a special case as well. In fact, we’ll share an interesting case study with you on this matter in another section.
Benefits
Following this law protects the value of your property via a lawful & well-maintained fence. It also prevents costly legal disputes and fencing removal orders. You get to cooperate with your neighbor and make sure that you’re always complying well with your local fencing standards.
Your Legal Responsibilities as a Homeowner
- Cost Sharing: One of the core pillars of this law is that you should share the costs of building or restoring a boundary fence equitably with your adjacent neighbor. Both of you should split these expenses since you two are equally benefiting from the fence. If the fence needs repairing or maintenance, you should share the cost. If you want to build a fence but your neighbor doesn’t, fence viewers can be appointed to judge between you.
- Fence Repairs: As we just stated, fence repair costs are included here. You must share this cost with your neighbor as well. Neglecting proper fence upkeep may lead to legal action since this negligence may cause the fence to lose its functionality.
- Fence Removal: You can’t simply remove a shared fence without asking your adjacent neighbor. Their consent is necessary here. If you intend to replace a shared fence, the law mandates notifying your neighbor. That’s how you can avoid surprise removals that could cause property damage on both sides (keep in mind that many fences in rural areas are used to contain livestock).
- Dispute Resolution: Fence viewers act as impartial individuals and mediate all sorts of fence-related disagreements among adjoining landowners. You may hire them to inspect your shared fence and see if it’s legal. They assign fence construction & maintenance responsibilities as well. Fence viewers’ decisions are legally binding unless successfully challenged in court, offering an alternative to costly litigation.
Good Fence Etiquette in Oklahoma
Oklahoma’s Good Neighbor Fence Law goes beyond ordinary legal requirements. As its name must have shown you already, this law intends to keep next-door neighbors on good terms with each other. This law teaches us that neighbors should:
- Always discuss fence plans openly before beginning construction
- Recognize when a fence benefits both properties equally (and then offer to split costs even if not legally mandated)
- Choose fence heights & materials that respect the privacy of neighbors
- Protect their investment via timely repairs and upkeep
- Respect property lines by confirming boundaries with a survey
Permits & Local Regulations
Even though the Good Neighbor Fence Law Oklahoma basically governs boundary fence rights & responsibilities, you should consider local city and county jurisdictions in your state as well. For instance, many Oklahoma cities limit front yard fences to 4 feet (max); they allow taller fences (8 feet or more) in your backyard. Materials like barbed wire may be prohibited.
Most municipalities require permits for new fence installations and modifications. Getting these permits makes you comply with zoning and safety codes. You should also consult your city or county planning offices (by visiting their websites) to find out which fencing codes apply in your case. Which permit procedures should you follow? That’s how you can supplement compliance with the Good Neighbor Fence Law. Following this law is extremely helpful to your cause.
How to Handle Fence Disputes in Oklahoma?
Do you have a dispute with your neighbor regarding the shared fence? These disputes tend to escalate when you keep them unresolved. If you’re dealing with unpleasant disputes with your next-door neighbors, you should try handling them via meditation & open communication. This is the soul of Oklahoma’s Good Neighbor Fence Law. You should try:
- Approaching your neighbor respectfully for a dialogue
- Documenting your mutual agreements regarding cost-sharing arrangements
- Confirming legal boundaries to clarify dispute facts (i.e., a survey)
- Involving fence viewers as a traditional dispute resolution method
- Seeking professional legal advice if disputes aren’t resolved amicably
Oklahoma’s Good Neighbor Fence Law: A Case Study
A case study that can help us better understand Oklahoma’s Good Neighbor Fence Law comes from the dispute b/w McGlothlin and Livingston, two adjoining landowners, in 2009.
Background
These two families owned adjoining properties separated by a north-south boundary. A fence was standing near the boundary line (but not aligned with the legal property line as established by a survey). The McGlothlins treated the fence as a de facto property boundary. But the other family, i.e., the Livingstons, used it for livestock containment, not as an official boundary marker.
Dispute
This dispute escalated when the two families contested the ownership and maintenance of the fence of uncertain origins. The McGlothlins reasoned that the fence had become the boundary line via “boundary by acquiescence” and wanted it to be made the official property line. But the Livingstons said that such a recognition would give the McGlothlins title over part of their land.
Deliberation
Oklahoma courts reviewed this case extensively. They understood that a property owner wasn’t legally required to build a fence directly on the property line. Keeping a fence slightly inside your property for livestock containment didn’t grant you ownership rights to adjoining property. These boundary lines must be established via deeds or adverse possession. Mistaken ideas regarding fence locations didn’t change legal boundaries.
Decision
The court ruled in 2011 in favor of the Livingstons. It affirmed the original legal boundary despite many decades of fence placement discrepancies. The McGlothlin-Livingston case shows that fence location alone doesn’t promise property lines under the Good Neighbor Fence Law Oklahoma (unless you bring explicit agreement).
Contact Fortitude Fencing to Build Fences Controversy-Free
Following Oklahoma’s Good Neighbor Fence Law helps you build or restore your fence without problems. This law balances your and your neighbor’s legal duties. You learn to share the cost of installing/repairing a boundary fence. So, this law will boost cooperation among next-door neighbors in the state of Oklahoma, so they enjoy peaceful living without landowning conflicts.
If your fence plans are on the horizon, we at Fortitude Fencing can help you install a new fence or repair an old boundary fence. Get in touch with us and check our expertise. Our services will lead to the creation of a secure, compliant, long-lasting, and weather-resistant Tulsa fence.
FAQs | Good Neighbor Fence Law Oklahoma
What if my neighbor wants a fence but I don’t?
If your neighbor wants to build a boundary fence but you don’t, fence viewers will decide if a fence is needed or not. They will also allocate costs quite fairly to make sure that both you and your next-door neighbor pay for this fence.
Am I obliged to pay for fence repairs if my neighbor neglects their share?
Both you and your neighbor must share the cost of repairing a shared boundary fence. You may seek legal help or use fence viewers if your neighbor refuses to cough up their share.
Can I remove a shared boundary fence without informing my neighbor?
No, Oklahoma law requires reasonable written notice to your neighbor before removing or replacing a boundary fence. Since they share this fence with you, they have the right to be informed of its intended removal.
How do local zoning laws affect boundary fence rules?
Local zoning laws can restrict how high your fence can be and what materials you’re allowed to use in its construction.
What role do fence viewers play in resolving fence disputes?
Fence viewers check your fence and then decide how much you’ll pay as your share to repair it. They can issue binding rulings to resolve fence-related disagreements.