In Rhode Island, a partition fence between improved lands is made and maintained in equal halves by the two owners. That is General Laws section 34-10-10. Section 34-10-9 adds that partition fences run on the dividing line and are to be kept in good order.
This page is general information, not legal advice. For a dispute, talk to your city or town or to a lawyer.
Does my neighbor have to pay for half of a new fence?
The statute points to equal halves for a partition fence, but it is an old law written around farm fences, and how it applies to a new privacy fence in a city yard is a legal question. Do not count on forcing a neighbor to pay for the fence you picked. Most shared fences in Providence are paid for by a written agreement between the two owners.
Who owns the fence between two properties?
The owner of the land it stands on. A fence set wholly on one lot is that owner's. A fence built on the dividing line as a partition fence is shared. When no one is sure, a survey or plot plan shows which case you have.
Can my neighbor put up a fence without asking me?
On their own land, generally yes, if it follows the city's zoning and any historic district rules. The limit is General Laws section 34-10-20: a fence that unnecessarily exceeds 6 feet and is maliciously put up or kept to annoy the neighbors is a private nuisance.
What does a fence viewer do?
Rhode Island law lets cities and towns have fence viewers. Under section 34-10-15, a fence viewer can take a complaint about a neglected partition fence, give the other owner notice and order the repair. Ask your city or town clerk whether one is appointed where you live.
A survey shows the fence is on the wrong side of the line. Now what?
Speak with your neighbor before doing anything else. Either the fence moves to the surveyed line or the two of you sign something that lets it stay. A lawyer can explain what long use of the strip may mean. Moving the fence is work we do.
The contractor built my new fence over the property line. Who fixes it?
Write to the contractor and ask for it to be moved at their expense if they chose the line themselves or ignored the markers. If the line was your instruction, that claim is weaker. The estimate should state where the fence goes and who marked the boundary.
My neighbor and I agreed to split a new fence. How does the billing work?
Agree on paper first: where the fence runs, what it is made of, how tall, the total and what each of you pays. We can show the shared stretch and both shares on the estimate.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that sits entirely on your land does not need the neighbor's consent, only compliance with city rules. Have the boundary marked first. The city tax assessor's records list a mailing address for the owner if you want to send notice.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
If it stands on your land, yes, it is yours to remove and replace. If it is a partition fence on the line, send the neighbor written notice before you touch it, and keep a copy.
My neighbor's tree roots are lifting our fence. Who handles that?
Two trades. An arborist judges the roots and a fence company rebuilds the fence. Cutting large roots can weaken or kill the tree, so hear from the arborist first. Often we can span the root by moving a post.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
It can be stiffened with heavier posts, a bottom rail or a tension wire on your side. Still, a yard fence is not made to act as a retaining wall. Write to the business owner asking them to pull the material back, and call the city if nothing changes.
For a real price on your own yard, book a free on-site estimate. Call (401) 356-3395 or text us a photo of the fence line.