A Guide to Mississippi Fence Laws
In Mississippi, a “party” or property line fence is equally owned and maintained by adjoining neighbors. All fence-related decisions must be agreed upon.
Written by Laura Salvas
Reviewed by Melanie Reiff
In
Mississippi
, neighbors are equally responsible for any fence built along the property line. That means they must both pay equally for any construction or repairs, and must mutually consent to all fence-related decisions. A fence on the property line between residences in Mississippi is called a “party fence,” but it’s not always cause for celebration. Fence disputes are common and can result in civil action, so it’s important to know your rights and obligations under state law.
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What is the Mississippi Good Neighbor Fence Act?
Anyone who owns or rents a property for more than two years is considered responsible for sharing the costs of building and maintaining a party fence. All decisions regarding fences being built, repaired, or removed must be agreed upon between adjoining neighbors.
Under
Title 89, Chapter 13 of the Mississippi Code
, a fence built on the property line is considered the property of both homeowners. Any repair costs must be split equally, even if the fence was installed before the homeowner purchased the property. If neighbors wish to remove or replace a fence, they must both agree to this. If one neighbor
removes or destroys all or part of a fence
without joint consent, they can be charged. If one party does not pay their share of the fence costs or contribute their share of the work, the other party may build and fund the entire fence. They can then apply in writing to have appointed fence viewers to assess how much should be paid by the neighbor who did not contribute.
The neighbor who did not contribute will then have five days to present any evidence to challenge that amount
Exceptions to the Good Neighbor Fence Act
If you want to build a fence on your property without involving your neighbor you may do so, but you will have to leave a buffer area between your land and the property line. You may get the fence you want, but end up with an awkward few inches of property outside your fenced area.
Spite fences
A spite fence is just that: a fence erected for the sole purpose of making life more unpleasant for a neighbor. Think of a fence built specifically to block the sun from shining on a neighbor’s garden, or a fence intentionally meant to be an eyesore.
If a spite fence breaches local laws concerning maximum height, building materials, or specifications, or does not comply with the state’s good neighbor fence laws, legal action can be taken.
Key Takeaway Neighbors must make all fence-related decisions together, and are equally financially responsible for building and maintaining party fences.
Does Mississippi law require fences?
Fences are
required around community pools
, such as those in multi-unit rental complexes, property owners associations, or private clubs that allow children under 12 years old. There is no state law requiring fences around residential pools, but many counties or cities have their own laws regarding pools and fencing. If you have an outdoor pool or are thinking of installing one, be sure to check the bylaws in your area as you may be required to install a safety fence.
How to legally build a fence in Mississippi
The first thing you will need is a permit, which you will need to get through your city or county government office. Your local government will have its own regulations regarding what specifications constitute a legal fence.This may include a maximum height, building materials allowed, spacing between planks or bars, and more.
Most cities and towns have a limit of four feet high for front yard fences and eight feet for back yards, but these standards differ by location. Before planning or building a fence, always check with your city or county to ensure you are following their rules.
Even if you plan to replace a fence that currently exists, you will need a permit to replace the fence as well.
Does homeowners insurance cover fences?
If your fence is damaged and your homeowners insurance includes “other structures”, there is a good possibility your fence will be covered. However, it all depends on how the damage was caused.
Storm-related damage, for example, is covered under insurance and normally the full cost of repairing or rebuilding the fence can be claimed. However, your fence’s pre-existing conduction will be considered, and a poorly maintained fence may impact the amount covered by insurance.
Any damage caused to a fence must be seen as preventable. If there is a known hazard, such as a rotting tree, best to take care of it before it falls on your fence, as this may impact coverage.
Regardless of how your fence is damaged, always take photos of the damage once you can do so safely, as the insurance company will wish to view these. Consider keeping a file of current photos of any structures on your property so you have a comparison to send should any damage occur.
How to save money on homeowners insurance in Mississippi
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FAQs
Do I need a permit to build a fence in Mississippi?
Yes. You need a permit to build a fence anywhere in Mississippi, but your city or county that issues the permit may have their own building specifications you need to follow. Be sure to check any local fence regulations in advance of planning.
Can my neighbor make me pay for a fence in Mississippi?
Yes. If you have agreed to build a fence and your neighbor pays to have the job done, you are required to pay.
If you do not pay your share, your neighbor can call in an appointed group of assessors to view the fence and conclude how much you owe. You can dispute this but expect such a dispute could end in civil action.
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