A Guide to North Dakota Fence Laws
In North Dakota, neighbors are responsible for sharing the cost and upkeep of boundary fences.
Written by Bonnie Stinson
Reviewed by Melanie Reiff
North Dakota law states that neighbors are “mutually and equally bound” to pay for and maintain fences along shared property boundaries. If you erect a fence that isn’t considered a “legal fence,” you might land yourself in hot water.
A fence can be a great addition to your property—it offers privacy and a safe place for pets or children to play and enjoy the outdoors. However, if you’re unfamiliar with your state’s laws concerning fences, building one might turn into a giant headache.
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What is a “legal fence” in North Dakota?
According to North Dakota law, neighbors are “mutually and equally bound” when it comes to fences along property boundaries. This means that if you plan to build a fence along your property line, any neighbors on that line will help you pay for the fence and contribute to its upkeep.
However, the fence has to be a “legal fence” as defined by North Dakota code. If it’s not, your neighbor is released from any obligation to maintain it. Here are the requirements for a legal fence:
- Non-barbed wire fence must be 4.5 feet high
- Made of rails, timber, stone, boards, or any combination of those materials
- Three strands of barbed wire (at least 12.5 gauge) with posts no more than 20 feet apart
- Top barbed wire more than 40 inches off the ground and bottom barbed wire less than 16 inches off the ground
What if a fence isn’t legal?
So what happens if your neighbor puts up a fence that doesn’t fit the “legal fence” definition? Or worse, what if you put up the wrong kind of fence?
First, each North Dakota township is required to appoint a board of “fence viewers” to oversee any disputes over fencing.
Fence viewers will survey the fence in question and rule whether it fits legal fencing guidelines. They can also settle disputes over fence placement or maintenance if they happen to arise.
If fence viewers determine that a fence isn’t a legal fence, the owner of the fence becomes solely responsible for the entire cost of the fence, and their neighbors are no longer obligated to maintain the fence.
Spite fences
“Spite fences” are fences constructed specifically to annoy your neighbors. These fences usually serve no purpose for the owner, and they’re subject to some stiff consequences in several states.
In North Dakota, there aren’t any specific laws about spite fences. However, if your fence isn’t within the bounds of a legal fence, your neighbor can submit a dispute about your fence and you might have to remove it or pay fines.
Key Takeaway As long as your fence fits the regulations of a “legal fence,” you and your neighbor are equally responsible for its cost and upkeep.
MORE: What’s the difference between a builder and general contractor?
Does North Dakota law require fences?
In short, no. There are no specific laws in North Dakota that require property owners to erect a fence.
The codes surrounding building voluntary fences are sometimes pretty specific, so it’s important to be well-versed in those rules before you put up any fence on your property.
How to legally build a fence in North Dakota
Before you build a fence in North Dakota, notify your neighbors. Since neighbors are responsible for sharing the cost and upkeep of any fence placed on a property boundary line, it’s polite to let them know you intend to put a fence up.
If you’d rather be solely responsible for your fence, just make sure you place it within the boundaries of your property. If you’re unsure where property lines are, call a land surveyor.
Apart from making sure your fence meets all the “legal fence” requirements, you should also check local building codes and permit requirements. Several cities in North Dakota have specific rules about how tall fences can be and different regulations for fences in the front or back of your home.
Does homeowners insurance cover fences?
Under most home insurance policies, fences are considered “other structures” and are protected against the named perils in your specific policy. These perils are typically things like hail, fire, or vandalism.
When it comes to things like natural disasters, double-check your policy to make sure you’re covered. Most providers require separate policies to cover your home and other structures from things like flooding and earthquakes.
MORE: How to choose the right kind of home insurance for you
How to save money on homeowners insurance in North Dakota
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FAQs
Do I need a permit to build a fence in North Dakota?
In a lot of cases, yes. Check your local building codes to see if your city requires permits before you start building your fence.
Can my neighbor make me pay for a fence in North Dakota?
If the fence you build is on a shared property line and it fits the regulations of a legal fence, then yes. Neighbors are obligated to pay for and maintain fences along shared property lines.
How tall can my fence be in North Dakota?
To fit the definition of a legal fence in North Dakota, your fence must be 4.5 feet tall. Individual cities have other requirements regarding fence height, so always check local building codes before you start constructing your fence.
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