A Guide to Alabama Fence Laws
A joint-ownership state, Alabama landowners are required to share the costs and responsibility for any shared fencing.
Written by Claire Beaney
Reviewed by Melanie Reiff
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Table of Contents
- What are the fence laws in Alabama?
- How to legally build a fence in Alabama
- Does homeowners insurance cover fences?
- How to save money on homeowners insurance in Alabama
- FAQs
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As a joint-ownership state, Alabama landowners are expected to share costs and responsibilities for any shared fences. While fence laws overall are minimal in the state, it’s still critical to know what the rules and regulations are where you live in Alabama.
Laws governing fences are often difficult to decipher, and unlike most other parts of your property, fences can have an effect on neighbors as well. When building, disputing or maintaining a fence, you should be aware of the rules in your area to avoid violating the law or creating any unnecessary stress with your neighbors.
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What are the fence laws in Alabama?
Alabama is a joint-ownership state, meaning adjoining neighbors are considered co-owners of any fences on their property lines.
Each neighbor is liable for the fence's upkeep and repair, providing that both neighbors benefit equally from it. Under the
Alabama Code Title 35. Property § 35-7-2
, if one neighbor fails to maintain their agreed-upon piece of the fence, the other neighbor has the right to repair it and claim reimbursement for any expenses.If you build a fence within your own property line, then it becomes your entire responsibility and you won’t need your neighbor’s permission (or help) for any construction or repairs.
There are no particular statewide rules governing pool fencing, but Alabama did adopt the International Building Code of 2009, which includes some regulations. Districts and cities may also have specific requirements and restrictions for fencing around pools.
Spite fences
Some states have enacted "spite fence" laws, which make it illegal to intentionally build a fence in order to upset or impede your neighbor. Currently, there are no laws in Alabama that restrict spite fences.
How to legally build a fence in Alabama
As a joint-ownership state, you’ll have to notify any neighbor(s) on the property line you intend to build the fence on. Send the letter at least 30 days in advance to give your neighbor(s) enough time to respond and if the location of the property line is disputed, you can perform a survey to determine where your land begins and ends.
Most Alabama cities and zoning districts require a building permit before you can start constructing a fence.
Counties, cities, and even homeowners associations can enforce certain standards, restrictions, and guidelines—for example, some districts cap their fence heights at 6 feet and some have a max height of 8 feet. So make sure to contact your local zoning and permit authorities before you build!
Does homeowners insurance cover fences?
Fences are classified as "other structures" under your home insurance policy and are normally insured for up to 10% of the coverage maximum of your home. Your fence is protected against the same
perils
as your main house, such as fire, storms, lightning, and vandalism.If a fence is damaged as a result of a storm, fire, or a falling tree, examine the details of your policy to see if it's covered. If it is, take photos to include with your insurance claim.
How to save money on homeowners insurance in Alabama
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FAQs
Do I need a permit to build a fence in Alabama?
Yes, a building permit is required to build a fence in most Alabama cities and zoning districts.
Can my neighbor make me pay for a fence in Alabama?
Yes, on the grounds that it lies on your property line and both of you benefit equally from the fence. If the location of the property line is disputed, you can perform a survey to determine where your land begins and ends.
Can I build an 8-foot fence in Alabama?
It depends on where you live in Alabama—some districts cap the height at 8 feet, while others set the limit at 6 feet. You can contact your city or county to determine which restriction applies to you.
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