Alabama has a partition fence law, Code of Alabama Title 35, Chapter 7. It defines a partition fence as one built on the line between lands owned by different people (section 35-7-1). It says partition fences between improved lands are to be erected and repaired at the joint expense of the occupants, and that a person who joins to a fence or uses it as a partition fence must pay a proportion of its cost (section 35-7-3).
The law dates to the 1852 Code and was written for farm country. It is not the livestock fence law, which is in Title 3, but it is short and says nothing about height, material or style. In town, most shared fences are settled by a written agreement between the two owners.
This page is general information, not legal advice. For a dispute, talk to your city or county or to a lawyer.
Does my neighbor have to pay for half of a new fence?
Not just because you want one. Section 35-7-3 speaks of joint expense for a partition fence between improved lands, and of a neighbor who joins to or uses a fence paying a share. How a court would apply that to your two lots is a legal question we cannot answer. In practice, do not count on making a neighbor pay for half of a fence they did not agree to. Ask first, and put any agreement on paper.
Who owns the fence between two properties?
The owner of the ground it stands on. A fence fully inside one lot is that owner's fence. A fence on the line that both owners use is a partition fence under the Alabama statute. When nobody is sure, a survey shows which side of the line the posts are on.
Can my neighbor put up a fence without asking me?
On their own land, generally yes, provided it follows the local height, permit and association rules. If you think it crosses the line, a survey answers that. If you think it breaks a city rule, the zoning office is the place to ask.
A survey shows the fence is on the wrong side of the line. Now what?
Start with a conversation and a copy of the survey. When a survey shows the fence is over the line, the practical choices are moving it or signing a written agreement that lets it stay. Old boundary fences can raise legal questions about the line itself, and only a lawyer can advise you on those. We can take down and reset a fence on the surveyed line.
The contractor built my new fence over the property line. Who fixes it?
It depends on who chose the line. If the contractor picked it without a survey, or built past marked pins, write to them and ask that it be moved at their expense. If you pointed out the line yourself, the cost is harder to shift. Have the estimate state where the fence goes and who marked it.
My neighbor and I agreed to split a new fence. How does the billing work?
Agree in writing before any work: where the line is, the material, the height, the total and what each of you pays. We can prepare one estimate that shows the shared run and each owner's share, and each owner pays their own part.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that sits entirely on your land does not need the neighbor's signature, though it must still meet local rules. Have the corners marked before we dig. The county's property records list a mailing address for the owner if you want to send a note.
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 land, you can replace it at your own cost. If it is on the line and both of you use it, tell the neighbor in writing before it comes down and keep a copy. Section 35-7-7 of the Code of Alabama provides for a court action to recover fence costs, which is a matter for a lawyer.
My neighbor's tree roots are lifting our fence. Who handles that?
Two trades. An arborist decides what can be done about the roots, and we deal with the fence. Cutting large roots can kill a tree or leave it unstable in the next storm, so ask the arborist before anyone digs. Often we can span the root by moving a post a foot or two.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Somewhat. Heavier posts, a bottom rail and tension wire make chain link stiffer, but no yard fence is built to hold back a pile. Write to the business owner and ask them to move it. If it goes on, contact your city's code enforcement office.
A price for your yard takes a visit and a tape measure. The estimate is free. Call (334) 649-8995 or text us a photo of the fence line.