A drive through rural Illinois will reveal many neighborhoods without perimeter fences. You may wonder whether there are laws prohibiting fences, or maybe all the neighbors just good friends? The answer is likely a mixture of both. However, fences are commonplace in most urban areas and, unfortunately, so are disputes over fences and property lines. When you can't talk through your differences, it's helpful to understand your rights under Illinois property line and fence laws.
Quick Look: Illinois Property Line and Fence Laws
This chart provides a summary of key Illinois laws relevant to property line and fence disputes.
| Lawful Fence | - IL ST CH 765 § 130/2
- Must be 4.5 feet high
- In good repair
- Constructed from rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct state is appropriate
- Must be sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another
|
| Responsibility to Maintain a Division Fence | - IL ST CH 765 § 130/3
- A division fence is one separating the land of 2 of more persons
- Each person must make and maintain a "just portion" of the fence
- A hedge fence cannot be more than 5 feet high
|
| Fence Dispute Settlement | - IL ST CH 765 § 130/7
- Two official Fence Viewers will define the portion of the fence to be built or maintained by each.
- In counties under township organization, the board of trustees will serve as fence viewers in their respective towns.
- In counties not under township organization the presiding officer of the county board, three fence viewers in each precinct
|
| Wrongful Tree Trimming Act | - IL ST CH 740 § 185/2
- It is a violation to cut or cause to be cut any tree unless you have full legal title
- Violators of the act will be liable for three times the value of the tree
- Utility providers have a right to cut any tree that interferes with service
|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Illinois Fence Law Basics
Most fence-related issues are about the appearance, location, and height of the fence, and whether a homeowner overstepped the legal property line of an adjoining property. Illinois' Fence Act was drafted to clarify issues common to those with large tracks of farmland or living in rural, unincorporated regions. A legal fence is defined as one that will sufficiently contain livestock on the land.
However, there are portions of the state's Fence Act that can impact those in residential neighborhoods. For example, in counties with less than one million residents and not within the corporate limits of any city in such county, when one land owner wants to fence their property, each owner of adjoining land must pay for and maintain the fence even when they do not want the fence installed.
Neighbors' Responsibilities for a Common Fence
Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost. If one party refuses to cooperate, the other party can do any of the following:
- Write a letter to the neighbor explaining the problem with the fence
- Request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable
- Go to mediation
- Sue the neighbor for reimbursem*nt
Tree Trimming Along Property Lines
Trees and shrubs can add value to your home, but they can also cause problems between neighbors. For example, tree branches can hang over a fence, dropping leaves in the neighbor's pool. Trees roots can also cause damage to sidewalks and nearby structures. How you handle a problematic tree depends on where it's located.
- Branches that Overhang into your Property: Generally, you may cut branches so long as it does not damage the health or structure of a tree.
- Tree Roots: You may not remove tree roots that encroach onto your property. Once the roots cause damage to your property, you can sue for compensation, and probably make your neighbor remove them.
- Trees on Your Property Line: Illinois case law states that if any part of a tree trunk crosses the property line, it's a jointly owned tree. A neighbor can stop the other from removing the tree.
- Damage Caused by Your Trees: You have a duty to take reasonable steps to prevent your tree from harming your neighbors.
Spite Fences in Illinois
When a fence is built by a property owner whose primary motivation is spiteful or malicious it is commonly referred to as a spite fence. Although there is not a state spite fence law, such cases can be addressed under nuisance law principles. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. Such structure may also be addressed as being in violation of local ordinances, zoning codes, or homeowner's association regulations.
Fences and Local Ordinances
Your home may be your castle, but there is a growing list of agencies that have a say in what you can and cannot do to fence your property. In addition to the State of Illinois, your right to have a fence and its general appearance are impacted by county and city laws, utility and wildlife easem*nts, and any applicable homeowner association rules. Plus, you likely will need a building permit to construct or replace a fence. Cities with fence ordinances include:
Get Legal Assistance with Your Property Line Issue
Disputes with neighbors can be difficult to resolve. Both sides often feel like they have a right to modify their property to suit their own personal needs. If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. Find an Illinois real estate attorney near you and take the first step toward resolving your dispute.
FAQs
Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
Who pays for fence between neighbors in Illinois? ›
Illinois state law and local ordinances place the responsibility for maintenance of a boundary fence separating two properties on the owners that use the fence. Consequently, when a fence needs repair, both property owners must share the cost.
Can my neighbor build a fence next to my fence? ›
Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.
How close to my property line can I build? ›
The building distance limit depends on the structure you intend on building. It usually ranges between five to 15 feet. It is important to communicate property boundaries with your neighbor before beginning any permanent or semi-permanent projects, due to the risk of township or county penalties.
Can my Neighbour build right to my boundary? ›
The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.
Can my Neighbour lean things against my fence? ›
It's simple: you can only do this if your neighbour says you can. If you lean something against or hang something on your neighbour's fence without permission and the extra burden on the panels causes damage to the fencing (which is very likely to happen sooner or later), you will have to pay for the repairs.
Do I need a permit to put a fence around my yard? ›
In most cases, if you add an outdoor structure such as a fence, you need a permit. However, it specifically depends on the codes, zoning and regulations of where you live. In some cases, you may not need a permit but you must adhere to the local regulations regarding height limits and specific fence materials.
Do you need a permit for a fence in Illinois? ›
A permit is required for all unincorporated properties for fences constructed of any material at any height. 1. Complete the application in its entirety where applicable.
Which side of the fence is legally yours? ›
There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any 'rules' you've heard previously that state otherwise – not everyone will own the left-hand side of their fence.
Can I build a fence inside my boundary? ›
If you want to put up a fence that separates your property from your neighbour's (a boundary fence), you normally need to build it on the boundary. You also need your neighbour's agreement, and you can expect to share the cost with them.
- Grow climbers up your fence.
- Paint your fence.
- Plant a hedge in front of your fence.
- Add hanging planters to your fence.
- Plant a border.
Fence Video On How To Install A Puppy Saver For Chain Link Fence
How close to property line can I build a shed? ›
Here's a quick look at a few. How far should a shed be placed from property lines? You typically can't build a shed within 10 feet of the rear property line and 15 feet from a side property line. There should be sufficient room between your shed and your neighbor's yard.
How close to property line can I build a carport? ›
The garage or carport shall not be closer than five feet to the front property line, or closer to a side property line than the setback required for the primary structure on the same parcel. b.
Can I build a shed next to my Neighbours fence? ›
In some areas, you are allowed to build as close as four feet away from your property line. In other places, your LPA may ask you to keep your shed 10-15 feet away from your fence. But generally, you need to maintain at least 5 feet between the further edge of your shed and the fence.
What is the 7 year boundary rule? ›
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.
What is the rule of boundary wall? ›
A "boundary wall" is thus: a wall constructed on the land of one owner. A party fence wall is therefore a wall that stands astride a boundary, and the boundary will normally run along the centre line of the wall.
Can I put a gate in my boundary fence? ›
You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate where: it would be over 1 metre high and fronting a road used by vehicles (or the footpath of such a road) or over 2 metres high elsewhere.
Can I go on my neighbors property to maintain my fence? ›
The general rule is that to go onto someone else's property you need their permission, but there are exceptions that can be relied on where consent is proving tricky to obtain. A property disputes lawyer will explain the position in your case and guide you through the process of securing the access you need.
Can your Neighbour paint your fence? ›
Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. You can't make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware.
The finished side should face toward your neighbor. Not only is this more polite, but it's the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.
What is the cheapest privacy fence to build? ›
Treated pine is the most affordable and durable wood option, with HomeAdvisor estimating approximately $1 to $5 per linear foot for a 6-foot tall privacy fence board. Pressure treated pine will be more durable than regular pine over time, so it is a good value even though it costs a bit more.
What is a masonry fence? ›
A masonry fence is an outdoor wall made with blocks or bricks of materials such as cement or natural stone. Masonry fences are commonly used as a residential fence and they may include a large, double metal gate to allow vehicle access onto a property.
How tall can my fence be in Illinois? ›
Maximum height is eight feet for fences with an open structure, but the limit is lowered to six feet for solid structures. Rules can vary for suburbs of Chicagoland, such as Park Ridge where the maximum height is five feet with extenuating variables which may lower or raise the limit.
Is it hard to put up a privacy fence? ›
It takes a lot of work and research to install a fence that is aligned correctly and stable. If you encounter no rocks or roots while digging posts, the project can be pretty smooth. But if you come across huge roots, tough soils, or rocks, you're in for quite the project.
How big of a shed can I build without a permit in Illinois? ›
Please note that a shed permit is required for any shed greater than 120 square feet.
Who owns the fence between two houses? ›
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.
Is the left fence mine? ›
Which fence belongs to my property? There is a common belief that households are responsible for the fence to the left of their home. This isn't true. Either fence may belong to a property, and the simplest way to ascertain which belongs to a specific property is to check the deeds.
Who is responsible for the fence on the left? ›
First let's clear up the age old myth of; “Each home owner is responsible for maintaining the fence on the left-hand side, as you look at the property from the road”. This is FICTION. There is no general rule about whether you own the fence on the left or the fence on the right of your property.
How tall can I make my privacy fence? ›
Under California's Building Code, you must obtain a permit before building a fence that will be over 6 feet tall unless the top 2 feet of the fence will be barbed wire. For a front yard fence, the maximum height is 42 inches. For a backyard fence, the maximum height is 72 inches.
How To Protect Yourself From Nosey Neighbors
- Block their view. A sturdy, tall fence or a line of trees can go a long way in helping keep busybodies out of your hair. ...
- Change your curtains. ...
- Add an electronic privacy film. ...
- Install security cameras. ...
- Place signs around the house. ...
- Related Pages on SafeWise.
Here are 18 ways you can easily transform your side yard into a usable space:
- A Convenient Hiding Place. ...
- The Perfect Place for Your Garden Shed. ...
- A Dog Run. ...
- A Work Area. ...
- A Vegetable Garden. ...
- A Vertical Garden. ...
- A Container Garden. ...
- A Putting Green.
Cover Gap on Wood Fence - YouTube
What is a kickboard on a fence? ›
A rot board, also called a kickboard, is a horizontal board installed along the bottom of the fence panel. Typically a 2x6 or 2x8 piece of wood, it runs along the base of the entire fence panel for a finished look and added protection.
How close to the fence can you build a patio? ›
The Residential Design Codes govern the dimensions of our patio roof and columns, but a general rule is that they must be no closer than 1.0m from a neighboring fence line.
Are carports included in setbacks? ›
8. A carport shall not be considered part of the Total Open Space within Lot (TOSL) particularly if it is entirely roofed or roofed with overhangs. In such a case, it must be counted as an integral component of the Allowable Maximum Building Footprint (AMBF).
What is a covered carport? ›
A carport is a covered structure used to offer limited protection to vehicles, primarily cars, from rain and snow. The structure can either be free standing or attached to a wall. Unlike most structures, a carport does not have four walls, and usually has one or two.
How close can you build an outbuilding to a boundary? ›
If the outbuilding is to be positioned within 2 metres of the property boundary, no part of it shall exceed 2.5 metres in height. So below 2.5m height it can be positioned as close to the boundary as is practical.
What is the maximum size of an outbuilding without planning permission? ›
Garages, sheds and other outbuildings
You can build a garage or outbuilding on your property without planning permission as long as it's of a reasonable size – no higher than 4 metres.
How big can my garden shed be without planning permission? ›
it will be more than one storey high. it will be more than 4m high with a pitched roof or 3m high with a flat roof. If it will be within 2m of the boundary of the house, it must be 2.5m high.
