Nebraska Property Line Laws

In such a case, most neighbors try different approaches to resolve the conflict, but in the end, they only make things worse. If you ever find yourself in such a conflict, knowing Nebraska`s fence laws could shed light on your problem. Many owners determine their share of the fence by the legal rule. This means that each neighbor meets at the border and then chooses the side of the fence to their right. A first question that can be addressed before dealing with some fence disputes is the exact location of the property lines. When in doubt, it`s helpful to conduct an investigation to determine where your property ends up. Another question that arises between neighbors in fence disputes is whether both parties are equally responsible for the cost of maintaining and repairing a fence located at the property line between adjacent properties. In Nebraska, adjacent property owners must have a “fair proportion” or equal distribution of funds needed to build and maintain the fence. Since it is a fence, a negligent neighbour is liable for damage, especially that caused by livestock on the adjacent neighbour`s property.

Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. The following table provides a summary of the state`s laws relating to Nebraska`s property boundaries and fencing, including links to key sections of the code. Yes! According to most municipal and municipal ordinances, you must apply for a building permit before erecting a fence. Other fencing laws require a building permit to erect a fence more than 7 feet high. However, the owners are allowed to enter into a separate agreement on the ownership of the fence. Neighborhood conflicts over property boundaries and fence rights can become intense. When you are involved in one of them, you have a lot to lose.

Consider talking to an experienced lawyer who can help you restore your well-being and protect your property. Get a free briefing on the case today. Nebraska is both a closing state and a fence state. This means that an owner with livestock is obliged to fence his cattle on his property. At the same time, the other neighbor is forced to fence the livestock on his property. In the event that even your neighbor disputes the location of your boundary lines, you can hire a surveyor to help you accurately identify the boundary. The purpose of building a fence is twofold: to keep people inside and to keep people outside. Security and privacy concerns are, in fact, the main reasons for the importance of fences in neighborhoods across the country.

With the popularity of fences, it follows that there would be many disputes about them. Neighbours do their best to find a compromise in resolving their conflicts, but it is not always easy to achieve this. If you just can`t get along, it`s good to know your rights and obligations under Nebraska`s property lines and fence. The location of your property boundaries is usually indicated on your deed. If you have not yet received the document, you can also find these details in previous survey recordings. Yes! Construction of a fence on your side of the property line is permitted as long as it does not violate local fencing orders. These fences are usually regulated by the homeowners association in your area. However, other regulations do not require approval. Contact a local fencing contractor to find out if you need the permit. Even for owners and third parties who do not own livestock, if the damage occurs because you did not keep your fence in good condition, you are not entitled to compensation.

Technically, you can do anything you want on a fence you own. However, if the fence belongs to your neighbor, you need to get their permission. In this case, the neighbor who owns the livestock pays for the damage caused by his animals if they escape due to their negligence in repairing their part of the fence. One of the most popular fencing phrases you`ll hear is, “Good fences make good neighbors.” While this may be true, there are times when conflicts arise between neighbors who share a common border fence. Fencing regulations limit front yard fencing to 4 feet and 6 feet for backyard and side yards. Fences on corner lots are limited to 3 feet, with a maximum height of 4 feet, depending on your location. Created by FindLaw`s team of writers and legal writers| Last updated: 23 January 2018 If you want to try mediation to avoid costly legal fees, the Nebraska Department of Agriculture can provide you with information about agricultural mediation services. Each of these fences must be at least 4 1/2 feet high, with distances not exceeding one foot each, measured from above. If a neighbour refuses to contribute or repair their fence, the adjacent neighbour must write them a 7-day notice. If they do not process the notice, he can file a lawsuit with the district court. However, Nebraska law does not directly address fences. Instead, they are considered a private nuisance, and the neighbor concerned can sue for such reasons.

It depends on the jurisdiction of your city or neighborhood. However, many county bylaws require all properties to obtain a fencing permit to replace the existing fence with a different material or increase its height. Another problem that affects neighbours is tree-centred disputes. Nebraska law states that adjacent homeowners must keep the separation fence in good condition, which includes removing or pruning trees if they interfere with the condition of the fence. If your neighbors don`t follow this law, you can sue them for private harassment. All adjacent neighbors are considered equal owners of the border fence between their properties. They must each contribute equally to the closure, unless they have agreed otherwise. Nebraska`s fencing laws under sections 34 through 102 recognize all adjacent neighbors as owners of a border fence.

It requires each neighbor to build and maintain an equitable distribution of the fence. If you`re not sure where your boundaries speak, you should find them first. The law allows you to agree with your neighbor where you both think the limit should be, or you can pay for a survey. In the case of leased land, ownership of the fence is usually indicated on the signed contract. In most cases, the landlord may be responsible for the fence and any damage caused by their tenant`s livestock. However, if the lease also contains an indemnity clause, then the tenant will be responsible for the closure. If a newly erected fence blocks your view, you can take legal action against the fence owner for private harassment. The court may order the removal of the fence.

Since the law requires each adjacent neighbor to contribute to the ownership and responsibility of the fence, you both need to agree on a fair relationship that everyone should contribute to. One thing to watch out for is any previous agreements between previous owners that could have led to boundary changes. These changes may not always be indicated on the deed, so you should also check the local recorder office for such information. Article 34-115 of the revision of Neb. Stat. defines a legal fence as follows: If the cattle escaped because the adjacent neighbor did not maintain its fence parts, the owner of the animal does not have to pay a penny. This will ensure that you do not invade the neighboring country.