Short answer
Generally no. Pennsylvania's Fence Law, passed in 1905 and last amended in 1955, deals with fences between farms, and in Fogle v. Malvern Courts the Pennsylvania Supreme Court held that it does not apply to single-family suburban neighborhoods. So in Lansdale, Ambler or Abington, a neighbor who builds a fence can't use that law to send you half the bill. Sharing the cost is a voluntary deal. This isn't legal advice; ask a Pennsylvania real-estate attorney about your situation.
What the Fence Law covers, and what it doesn't
The 1905 law was written for adjoining farms where fences keep livestock in. It sets up a cost-sharing system with local fence viewers and a process before a magistrate, and it even says no one can be compelled to build or repair a fence from December through March. None of that was designed for a quarter-acre lot in a post-war neighborhood, and the state Supreme Court said so in Fogle v. Malvern Courts.
| Situation | Does the Fence Law apply? |
|---|---|
| Two working farms with livestock | That is what it was written for |
| Suburban single-family lots | No, under Fogle v. Malvern Courts |
| Twins and small borough lots | We know of no rule extending it to them; ask an attorney |
| A farmette next to a subdivision | Depends on the facts; ask an attorney |
Summary of the Pennsylvania Farm Bureau's guide to boundary and fencing laws. Not legal advice.
Who owns the fence, then?
In practice, most suburban fences are built by one owner, on that owner's side of the line. Several townships around here push things that way:
- Montgomery Township requires boundary fences to sit just inside the owner's line, at least 2 in in, not on it.
- Worcester Township lets a fence up to 48 in sit right up to the line, but a taller one must be at least 3 ft inside.
- Lansdale Borough, Upper Dublin and Worcester require the finished side to face the neighbor, so the person next door gets the good side whether or not they paid.
A fence built entirely on your land is generally yours to maintain and replace, and its style is your choice within the zoning code and any HOA covenants.
If you do want to share the cost
Plenty of neighbors split a fence because it helps both yards. If you go that way, a short written agreement saves arguments later. Cover these points:
- Where the fence will sit, measured from the property line, and whose land it's on.
- Material, height and style, and who picks them.
- How the cost is split, including gates and removal of the old fence.
- Who files the township permit.
- Who maintains, repairs and eventually replaces it, and what happens if one house is sold.
An attorney can tell you whether the agreement should be recorded so it binds later owners.
If your neighbor is pushing you to pay
Stay calm and check the facts. Ask where the fence would sit and whether a permit has been filed. If the fence is on their land, it's their project. If someone claims a fence or a line has existed long enough to change ownership, that's a different area of law; see our pages on fences on the wrong side of the line and consentable lines, and talk to a real-estate attorney.
If two neighbors want to split a fence, we can quote it once and show both of you the same drawing. We're happy to set that up at the estimate.
Common questions
Does an HOA change the answer?
It can. Some association covenants address shared fences and maintenance. Read yours, and remember HOA rules sit on top of township rules.
My neighbor's fence is falling onto my yard. Can I make them fix it?
That isn't a Fence Law question. Start with a conversation, then your township's property-maintenance office; for damage, talk to your insurer or an attorney.
Can I attach my new fence to my neighbor's fence?
Only with their permission. See attaching to a neighbor's fence.