Peaceful living can be quickly deterred by the arrival of an unsightly or unnecessary fence, and disputes regarding property boundaries can be among the most contentious. When neighbors are unable to solve property line or fence conflicts, Oklahoma fence law provides clear guidelines to settle such disputes.

To provide a look into the most important information on Oklahoma fence laws,

homeowners and car insurance

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Jerry

has created a simple guide for you to refer to. If you have questions about fences and the law in the Sooner State, you’ve come to the right place.

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Oklahoma fence law

According to the Oklahoma

Legislature

, Oklahoma line and fence laws rely upon the shared responsibility of adjoining landowners for the cost of fence building and maintenance.

However, if one landowner decides to let their land lie open and later decides to enclose it, they must refund the adjoining neighbor a fair proportion of the value of the fence.

To avoid disputes over the exact location of property lines, you can have a survey conducted on your land to establish clear property boundaries. A surveyor will not only use map details and legal descriptions to determine exact lines but can plot survey pins and markers for easy visibility.

If you’re unable to have your land surveyed, you can check your property’s deed or review your neighborhood's plat map at your county assessor’s office.

Boundary fence removal or replacement

A landowner may erect a fence between their property and their adjoining neighbor's property to have the fence partly on one side and partly on the other.

In this case, the owner of the fence has the right to remove it as though it were entirely on the owner’s property. However, the fence must not be more than five feet from the adjoining property line.

It’s important to note that the fence owner cannot remove the fence with any malicious intent or in a manner that may cause unnecessary harm to the other owner.

Spite fences

Spite fences are characterized as fences that were built with no purpose other than to annoy or harm the neighbor. In Oklahoma, spite fences are addressed under laws regarding private nuisance and are considered illegal.

In addition to often violating height and setback restrictions, cases of spite fences that injure or deprive neighbors from enjoying their property can be brought to court. Depending on court rulings, such fences may be abated.

Key Takeaway Oklahoma adjoining neighbors share the responsibility of fence building and maintenance. To establish clear property boundaries, you can have a survey conducted on your land.

MORE:

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

Does Oklahoma law require fences?

The only time you are required by law to have a fence in Oklahoma is if you have an outdoorpool.

According to requirements outlined in the

state statute

, outdoor pools not open to the general public must be surrounded by a barrier that excludes unauthorized persons and:

Prevents unauthorized entry

Allows visual observation of the pool

Is at least four feet tall

Is self-closing

Has self-latching gates

Does not have any openings greater than four inches

MORE: Does my home insurance cover earthquake damage

How to legally build a fence in Oklahoma

If you want to install, replace, alter, or repair a fence on your residential property in Oklahoma, you will need to first retrieve a building permit. However, some ordinances only require a permit when the fence is taller than seven feet or if there will be considerable height, material, or location modifications.

To legally erect your fence, it must not exceed height restrictions. In general, front yard fences are limited to four feet, while rear and side fences must remain under six feet. That said, height regulations may vary according to your particular town or municipality, with some cities allowing eight-foot fences.

Does homeowners insurance cover fences?

Yes, fences are covered under standard homeowners insurance policies as “other structures.” As such, fences are protected from the same

perils

as your main home, including fires, hail, and lightning, and will typically be covered for up to 10% of your dwelling’s coverage limit.

If your fence is damaged by a storm, a tornado, or another unexpected accident, ensure your fence is covered by checking the details of your insurance policy.

MORE:

How to choose the right kind of home insurance for you

How to save money on homeowners insurance in Oklahoma

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FAQs

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

Depending on the height of your proposed fence, you may need a permit to build. If you want to build a front yard fence taller than four feet or a backyard fence taller than six feet, you’ll need a permit before you can break ground.

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

In some cases, yes. According to the

Oklahoma Statute

, adjoining neighbors are required to split the costs for the building and maintenance of a fence unless otherwise agreed upon in writing. However, if you decide to leave your land open, you will not have to pay for the fence unless you later decide to enclose your property.

Can I build an 8-foot fence in Oklahoma?

It’s possible to build an eight-foot fence in Oklahoma, but you may need a permit depending on where you plan to build it.

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