Are there Fence Laws in Florida?

Fences provide privacy, mark borders and add value to property. No matter what type of fence is erected, there will be some requirements that must be met. Florida has laws and regulations that individuals must adhere to when they install a fence. If they don’t, individuals can be fined or even required to take it down.

Individuals can install a fence without the consent of their neighbor. Regulations vary among locations and governmental units and can be governed by if the property is an empty lot. It’s imperative that home and business owners have a recent survey of exactly where their property lines are before installing any fence.

Most communities require a permit be obtained before a fence is installed. There are also laws against how high the fence can be and in some instances, the fence can’t be built directly on the property line. Individuals may be required to erect it a specified number of inches or even feet away from the actual property line.

Tree branches are an issue that most people don’t consider after they’ve erected a fence. If healthy tree branches encroach on the property or fence, individuals have the right to trim them back. If dead branches from a neighbor’s property fall on the fence and damage it, the neighbor is responsible and can be liable for repairing or replacing the damaged fencing.

In many areas, if an individual installs a fence directly on the property line, the adjoining neighbor could be liable for a portion of the installation and maintenance costs. If the neighbor doesn’t want the fence, it can lead to disputes and even legal action. Having a fence installed by a professional is critical. They will know the laws, will be able to pull any permits needed, and explain what is required.

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