State guides · Pennsylvania · Property lines
Pennsylvania fence law: who pays, how close to the line and which side faces out
Most fence disputes in Pennsylvania come down to three questions: does the neighbor have to chip in, how close to the line can it go, and who gets the good side. The answers come from the state Fence Law, which the Supreme Court limited to farms, and from your township’s or borough’s zoning ordinance. This is general information, not legal advice.
Residential neighbors don’t have to share the cost of a boundary fence; the state Fence Law (29 P.S. § 41) applies to farms and ranches. There’s no state rule on spite fences or on which side faces out. Your municipal zoning ordinance sets height, distance from the line and often requires the finished side to face the neighbor. A fence 6 ft or lower needs no state building permit, but many towns require a zoning permit. Checked Nov. 12, 2026.
Does my neighbor have to pay half?
Answer both questions to see who pays.
Who pays for a boundary fence
| Situation | Who pays | Rule |
|---|---|---|
| Two residential lots | Whoever wants the fence, unless the neighbor agrees to share | Fogle v. Malvern Courts (Pa. 1999): the Fence Law doesn’t apply |
| Two farms or ranches | Equal shares, unless the neighbor releases you | 29 P.S. § 41 |
| Farm fence already built; neighbor later improves land up to it | The neighbor pays a fair share based on length, age and condition | 29 P.S. § 42 |
The fence viewer process (farms and ranches)
If a neighbor won’t keep up their share, notify the county surveyor, who acts as fence viewer. With no county surveyor, a surveyor from an adjoining county or one appointed by the court of common pleas does it.
If the fence is fine, you pay the viewer’s fee. If not, the viewer reports the location, distance, work needed and cost to the magisterial district judge. The fee is capped at $25.
The judge notifies the neighbor, who has 40 days to do their part. If they don’t, you can do the work and collect the cost and the viewer’s fee like any other debt.
From 29 P.S. § 41. Nobody can be compelled to build or repair a line fence in December through March, and the section doesn’t apply to railroads. FindLaw’s copy may lag the official code; check the current text before you rely on it.
Which side faces out, and how close to the line
Pennsylvania has no statewide rule on either. Your township or borough zoning ordinance decides, and they differ. Three examples:
| Municipality | Finished side | Distance from the line | Height |
|---|---|---|---|
| Thornbury Township (Chester Co.) | Toward the neighbor or public area, unless waived | At least 6 in inside, unless a written agreement | 6 ft in any yard |
| Canton Township | Toward the neighbor, unless the zoning officer grants an exception | At least 6 in inside, unless a written agreement | 4 ft front, 6 ft side, 8 ft rear |
| Allen Township (Northampton Co.) | Finished side, without the support beams or posts, toward the neighbor | Allowed on any property line | See ordinance |
Thornbury also requires a township permit and has the zoning officer check the staked location before you install. Look up your own municipality’s ordinance before you set a post.
Permits, spite fences and walls
Under the Uniform Construction Code, a fence 6 ft high or less needs no building permit (34 Pa. Code § 403.62(c)(1)). Your town can still require a zoning permit. Our permit lookup finds your code office.
We found no Pennsylvania spite-fence statute. A fence built to block a neighbor is limited by local zoning: height caps, setbacks and finished-side rules.
Pool barriers have their own height and gate rules: see pool fence laws. Putting a fence on top of a retaining wall adds load the wall has to be built for: see fence on a retaining wall.
Questions
Does my neighbor have to pay for half of a fence in Pennsylvania?
Not on residential lots. The Pennsylvania Supreme Court held in Fogle v. Malvern Courts (1999) that the state Fence Law doesn’t apply to residential properties. Between farms or ranches, 29 P.S. § 41 makes each owner keep up an equal share of the line fence.
Can I put a fence right on the property line in Pennsylvania?
It depends on your municipality. Allen Township in Northampton County allows a fence on any property line; Thornbury Township in Chester County and Canton Township require it to sit at least 6 inches inside your line unless you and the neighbor sign a written agreement. Check your zoning ordinance and find your survey pins first.
Which side of the fence has to face the neighbor in Pennsylvania?
There’s no statewide rule. Many township and borough ordinances require the finished side to face the neighbor or the street, including Thornbury, Canton and Allen townships. If your town has no rule, facing the good side out is still the safe, neighborly choice.
Do I need a permit for a fence in Pennsylvania?
A fence 6 feet high or less doesn’t need a state Uniform Construction Code building permit (34 Pa. Code § 403.62(c)(1)). Many municipalities still require a zoning permit, and pool barriers have their own rules. Our permit lookup shows your town’s code office.
Is there a spite fence law in Pennsylvania?
We found no Pennsylvania statute aimed at spite fences. What limits a fence built to annoy a neighbor is local zoning: height limits, setbacks and finished-side rules, enforced by the zoning officer.
Does the Fence Law apply if only one farm keeps livestock?
In Croner v. Popovich (2017), a non-precedential decision, the Superior Court made a farm owner without livestock pay half of a line fence with a neighboring cattle farm. Because it’s non-precedential, other courts don’t have to follow it.
Sources: 29 P.S. § 41, line and division fences (FindLaw); 29 P.S. § 42, owner who later improves up to a division fence (FindLaw); Fogle v. Malvern Courts, Inc., 554 Pa. 633, 722 A.2d 680 (1999); Croner v. Popovich, No. 1595 WDA 2016 (Pa. Super. 2017, non-precedential); Thornbury Township, Chester County, fence ordinance (eCode360); Canton Township fence ordinance (eCode360); Allen Township, Northampton County, zoning ordinance: fences (PDF); 34 Pa. Code § 403.62(c)(1). Checked Nov. 12, 2026.
Muthler Landscaping & Construction · Lock Haven, PA
Grade change at the property line?
When the ground drops off at the line, the fix is often a retaining wall, with or without a fence on top. We design and build walls, regrade and handle drainage across Clinton, Centre, Lycoming and Union counties.
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Muthler Landscaping & Construction LLC · 913 Bellefonte Ave, Lock Haven, PA 17745 · (570) 397-9800 · PA HIC #PA212584.
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Cite as: Muthler Landscaping & Construction, “Pennsylvania Fence Law,” https://muthlerlandscaping.com/state-guides/pennsylvania/fence-law/ (last checked November 12, 2026).
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