. Instead, the courts have decided that adjacent neighbors share a boundary fence responsibility. These court-made rules apply to all properties, residential and agricultural, that are not controlled by local municipalities.

Fencing impacts your neighbors more than almost any other structure on your property and can easily lead to disputes. It's important to understand where your rights stop and your neighbors’ rights begin before you start building.

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How tall can a privacy fence be in Hawaii?

In Hawaii, local ordinances and homeowners associations have limited privacy fence heights to six feet. If you have a see-through fence such as a wire or chain link fence, you can build as tall as eight feet.

You can build lawful fences out of stone, posts and wire, posts and boards, posts and rails, or other suitable materials, and there usually aren’t restrictions for the front, side, or backyard fences.

For property near the edge of an abutting road, your fence may not be taller than three feet.

If you live in an area where land use ordinances don’t regulate fence heights, structures over six feet tall require approval from your local fire department.

Who owns a fence on property lines in Hawaii?

According to the courts in Hawaii, fences built on property lines belong to both adjacent neighbors, making each equally responsible for upkeep and repairs.

Because of these laws, one neighbor can’t decide to remove a boundary fence without first talking with the other neighbor and getting approval.

If you build a fence inside the property line, however, that fence will be your sole responsibility.

How do you know where the property boundary is?

The best way to determine where the dividing line runs between two properties is to hire a professional surveyor. The surveyor will measure the lot and mark the boundaries with wood or metal stakes. They may also mark edges and corners with brightly colored paint.

If you don’t want to pay for a surveyor, you can visit your local county assessor's office and ask for the plat map of your neighborhood.

Can I put a fence on my side of the property line?

Sure! County authorities should be okay with a fence on your side of the property so long as you follow local regulations.

You also need to be careful that your fence doesn’t encroach—or cross over—into your neighbor's property.

If you’ve found that your new fence crosses into your neighbor’s land, talk to them personally. They might be okay with it, and if they are, make sure you have that agreement in writing.

You’ll need to keep the encroachment agreement to protect yourself from a legal dispute if your neighbor changes their mind in the future.

An encroachment agreement means that the neighbor can’t tear down your fence without your permission. It also specifies that you’re responsible for the maintenance and upkeep of the encroaching portion of the fence.

Under Hawaii’s “De Minimis” encroachment laws, your residential fence can cross 0.5 feet (or six inches) into your neighbor's property before it's considered encroachment. Again, you’ll still be responsible for all fence portions that cross the property line into your neighbor’s yard.

Under these laws, you have some wiggle room before a fence crossing a boundary is considered encroaching. Here are margins for fences along with each type of property:

Commercial, multi-unit, industrial properties have a discrepancy of 0.25 ft

Agricultural and rural properties have a discrepancy of 0.75 ft

Conservation properties have a discrepancy of 1.5 ft

Key Takeaway Usually, the costs of building and maintaining a fence are split by both neighbors unless the fence is purely inside your property or encroaches onto their property.

MORE:

What’s the difference between a builder and a general contractor?

Do I need a permit to build a fence in Hawaii?

You usually don’t need a permit for fences six feet tall or shorter. However, there are exceptions to this rule.

For example, you’ll need a permit in Honolulu if your fence will cost more than $1,000 to build. You’ll also need a permit for building a fence in flood development or special management areas.

You need a temporary fence permit for fences that stand for 180 days or less.

Before you start building, you should call your local department of public works to learn more details about permits, the process, and any exceptional regulations you should be aware of.

Can I replace an existing fence without a permit?

Maybe. Most counties won’t require a permit if you’re replacing the existing fence with similar material and it stays about the same height. The replacement shouldn't cost more than $1,000 and take over 12 months to complete.

If you need to replace a fence that didn’t have a permit when it was built or if the replacement exceeds $1,000, you’ll need to get a permit.

You usually don't need to get a permit for general repairs and maintenance, so long as you aren’t modifying components or adding extra material.

What is a spite fence?

A spite fence is one built simply out of anger with a neighbor. Usually, these fences are made to be obnoxiously high or with ugly paint jobs to annoy a neighbor or prevent them from enjoying the view.

There aren’t any statutes or regulations against spite fences in Hawaii. If you have a neighbor who has built a spite fence along your property line, you can take the matter to the courts to have the fence removed.

Key Takeaway There are no statutes regulating fencing in Hawaii, so disputes are settled in court on a case-by-case basis.

Does homeowners insurance cover fences?

Fences fall under “other structures” in your homeowner's insurance policy. Your fence is covered as long as the damage resulted from a

peril

named in the policy.

Your fence will typically be covered for up to 10% of your dwelling coverage if damage occurs due to things like fire, hail, lightning, or vandalism.

If your fence is damaged by a storm, landslide, or a neighbor’s falling tree, be sure to check the details of your insurance policy to see if the damage is covered. If you can get coverage, be sure to take photographs to submit with your insurance claim.

MORE:

Does homeowners insurance cover fence damage?

How to save money on homeowners insurance in Hawaii

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FAQs

Do I need a permit to build a fence in Hawaii?

Usually, you can build a fence on your property lines without a permit. However, this depends entirely on the ordinances of your local municipality. You should call your local public works department to find out if your fence will run adjacent to any special consideration properties.

Can my neighbor make me pay for a fence in Hawaii?

You’ll have to take this to your local courts to decide where fencing disputes are settled on a case-by-case basis.

The courts can help mediate fence height, design, construction, and cost compromises.

Can I build an 8-foot fence in Hawaii?

In Hawaii, you may build a wire or chain link fence up to eight feet tall, and privacy fences can be no taller than six feet.

There are no rigid laws in Hawaii about building outrageous fences to annoy your neighbor.

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