Connecticut General Statutes section 47-43 says adjoining owners shall each make and maintain half of a divisional fence, and that the middle of that fence sits on the dividing line. It is an old statute from Chapter 823, written with fields and livestock in mind, and it does not settle every back yard disagreement.
This page is general information, not legal advice. For a dispute, talk to your town or to a Connecticut lawyer.
Does my neighbor have to pay for half of a new fence?
Do not count on it. The statute speaks of a divisional fence on the line, and it describes a fairly basic fence as sufficient, such as a tight board fence four and a half feet high within a city. A neighbor who does not want the tall cedar or vinyl fence you picked is unlikely to have to pay for half of that. In practice, shared fences here are paid for by agreement.
Who owns the fence between two properties?
A fence that stands fully on one lot belongs to the owner of that lot. A fence centered on the dividing line is a divisional fence, shared by both. If you do not know which you have, a survey shows where the fence stands.
Can my neighbor put up a fence without asking me?
Yes, on their own land, if it meets the town's permit and height rules. There is one limit in state law. Sections 52-480 and 52-570 let a neighbor ask a court for an injunction or damages when a structure was put up maliciously, with intent to annoy or injure the adjoining owner.
A survey shows the fence is on the wrong side of the line. Now what?
Talk with your neighbor before anything else. The fence can be moved to the surveyed line, or the two of you can put an agreement in writing that lets it stay. A lawyer can explain what your rights are. Moving an existing fence is work we do.
The contractor built my new fence over the property line. Who fixes it?
Write to the contractor and ask for it to be moved at their expense if they chose the line themselves or ignored the survey pins. If the fence is where you told them to put it, that is harder to argue. The estimate should say where the line is and who marked it.
My neighbor and I agreed to split a new fence. How does the billing work?
Agree on paper first: where the fence goes, how tall, what material, the total and what each of you pays. We can lay out the estimate so the shared run and each owner's share are shown separately.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence set wholly inside your own line needs the city's permit, not the neighbor's signature. Have the corners located from your survey so the fence is plainly on your land.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it stands on your lot, it is yours and you can replace it. If it is on the line and both of you use it, tell the neighbor in writing before you remove it, and keep a copy.
My neighbor's tree roots are lifting our fence. Who handles that?
A licensed arborist looks at the roots and a fence contractor handles the fence. Cutting large roots can weaken or kill the tree, so get the arborist's opinion first. Often we can shift a post or span over the root and leave it alone.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts, a bottom rail or a tension wire, but chain link is not a retaining wall and will keep bending under a load. Ask the business in writing to move the material, and call the city's zoning office if it does not stop.
We only give a firm price after seeing the yard, and the visit is free. Call (203) 409-8830 or text us a photo of the fence line.