Utah's Fencing Laws - Salt Lake Fence Company

Utah's Property Line & Fencing Laws
Residential fences have a long history in Utah, coming along with that are fence disputes. When early settlers organized their municipalities, fencing lines became an important part of the process. Early fences were made from whatever materials they had, including wagon wheels. With the influx of fences in Utah, property disputes were inevitable, so the state government responded by drafting detailed property line and fence laws.

The section below highlights the state's laws in relation to property lines and fence disputes.
State Statutes

Utah Code § 4-26-102 (Partition Fence)
Utah Code § 6-4031 (Contribution for Qualified Fence)
Utah Code § 78B-6-1001 (Injuries to Trees)

Boundary by Acquiescence
Boundary by Acquiescence isn't a law found in our state's code. Instead, Utah's courts developed this doctrine over time with the hopes of avoiding litigation and promoting stability. Any long-standing markers indicating where property owners understand a boundary is located mark the actual boundary, even if a survey places it somewhere else. Within Utah, Boundary by Acquiescence is shown by proving all of the following:

Occupation of land up to a visible line marked via monument, fence, or building
Mutual acquiescence or acceptance of that line as property boundary
For more than 20 years
Via adjoining land owners

Fencing Statutes by City

Salt Lake City - Building & Property Regulations
City of Provo - Decks, Fences and Walls

Fence Law Basics in State of Utah
If you feel your neighbor is beginning to use your land, even if it's a small fence, action is the recommended route. This is called 'encroaching' and it's a sneaky form of trespassing. Under Utah's state law, property owners have the right to enforce their rights in courts or via private agreements.

Many state laws only apply to what is deemed agricultural land. One example is a boundary fence. Though the law states that neighbors with a boundary fence must each contribute the reasonable cost of fence construction & maintenance, the land must be designated agricultural used for grazing livestock n order to apply. This rule of joint ownership is often under common law and can relate to residential property disputes.

Zoning Rules Over Fence Installation
Property & fence lines in Utah are a blend of states statutes, common law & local zoning ordinances. Resolving a dispute can require extensive research into which applies for your case. Local ordinances typically relate to fence height, location & materials allowed for residential fence installations. If you're part of a homeowner's association, further restrictions could be enforced.

If a fence or structure violates a local law, you will need to appeal to that local agency for enforcement. So, if your neighbor constructs a fence that is too tall, the local planning agency will likely not enforce its removal unless a complaint is filed.

Dispute Resolution over Property Disputes
There are more options that don't include taking your neighbor to court. The state of Utah's Office of the Property Rights Ombudsman is a non-partisan agency that helps residents understand & protect their property rights, as well as helps to resolve property disputes. The office of the Ombudsman handles disputes between the state & residential property owners, as well as the ones directly between private parties. These such services include:

Advisory Opinions- Property owners, developers, or government agencies can request an Advisory Opinion. This opinion is given to evalute the facts & reach a conclusion over the legal basis of the existing laws.
Mediation or Arbitration- The state offers free aribitration and mediation services available to all property owners.
Land Use Training- This is more of an educational option geared towards citizen groups. Training are provided to further the state legislatures goal of having informed citizens over the rights of their property & land.

Need Help with an Ongoing Property Dispute?
If you are in the midst of a property dispute, it's a good idea to contact an attorney in your area.

As always, if you are ready to go forward with your new fence installation, call Salt Lake Fence Company today at
(801) 695-4133.