Generally, if the smoother, more visually uniform side of the chain link fence is facing your neighbor's property, then it is likely your fence. This means the side with the posts, rails, and hardware (like tension bands and nuts/bolts) will be facing your property.
Understanding Chain Link Fence Sides
When a chain link fence is installed, there's a common practice to face the "best" or "finished" side outwards towards the neighboring property. For chain link fences, this often means:
- Your Side (Owner's Side): This side typically features the visible fence posts, horizontal top and bottom rails (if present), and all the hardware used to attach the chain link fabric to the posts and rails. This includes items like tension bands, bolts, and brace bands. This setup ensures that the structural components are on the owner's property.
- Neighbor's Side (Polished Side): This side presents a clean, uninterrupted view of the chain link mesh fabric. There are no posts, rails, or hardware visible breaking the continuous flow of the fence line from this perspective.
This construction standard helps differentiate ownership based on the fence's appearance.
Other Factors Determining Fence Ownership
While the "polished side" rule is a strong indicator, it's a general guideline. Several other factors can definitively determine fence ownership:
- Property Survey: The most conclusive way to determine ownership is by reviewing an official property survey. This document precisely marks your property boundaries, indicating whether the fence lies entirely on your land, your neighbor's, or straddles the property line.
- Previous Agreements:
- Written Agreements: If there was a formal agreement (e.g., between previous owners or current neighbors) about who would build or maintain the fence, this document dictates ownership.
- Verbal Agreements: While harder to prove, a long-standing verbal agreement can sometimes be considered, especially if both parties acknowledge it.
- Local Ordinances and Zoning Laws: Many municipalities have specific rules regarding fence construction, placement, and ownership. These may dictate who is responsible for fences on property lines.
- Who Paid for the Fence: The individual or party who originally purchased and installed the fence is often considered the owner, especially if they bore the full cost.
- Maintenance History: Consistently maintaining (repairing, cleaning) the fence can sometimes imply ownership, though this is less definitive without other supporting evidence.
Practical Tips for Fence Ownership Clarity
If you're still uncertain about your chain link fence's ownership or are facing a dispute, consider these steps:
- Communicate with Your Neighbor: A polite conversation can often resolve misunderstandings. Discuss your concerns and see if they have any information about the fence's origin or previous agreements.
- Check Property Records: Consult your local county or city property records office. They may have information about property lines, easements, or past permits for fence construction.
- Obtain a Property Survey: If you don't have one, commissioning a new property survey by a licensed surveyor will provide an undeniable mapping of your property lines relative to the fence.
- Review Local Building Codes: Contact your local planning or zoning department to understand specific fence regulations in your area.
- Seek Legal Advice: If all else fails, or if the situation becomes contentious, consulting with a real estate attorney specializing in property disputes can provide clarity on your rights and obligations.
Understanding these factors will help you determine ownership and manage responsibilities for your chain link fence.
