Boundary Fences in Washington: A Good-Neighbor Guide
Most fence disputes are not about the fence. They are about where the property line is, who pays, and what one neighbor did without asking the other. Washington law has a few things to say about each — but far less than people expect, and cities mostly stay out of it.
This guide explains what the law actually covers, what it does not, and the practical steps that keep a new fence from becoming a neighbor problem. It is general information, not legal advice.
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Before You Build Near the Line
Find the real line
Locate the recorded survey markers, or hire a land surveyor to mark the corners. An old fence, a hedge or a mowing line is not proof of the boundary.
Decide which side
Building a few inches inside your own line keeps the fence entirely yours. Building on the line makes it, in practice, shared.
Talk to the neighbor
Share the plan, the height, the material and which way the finished side will face — before the old fence comes down.
Put agreements in writing
If you share the cost or place the fence on the line, write down who paid, where it sits and who maintains it.
Cities Do Not Settle Boundary Disputes
City permit offices regulate how tall a fence can be and where it may stand relative to streets and setbacks. They do not decide where your property line is or who owns a fence. Seattle’s Department of Construction and Inspections puts it plainly:
“We cannot become involved in private civil disputes between neighbors. If you believe your neighbor has built something that crosses your property line, you may need to obtain a survey and legal advice.”
The same page notes that in Seattle you can build a fence anywhere on your property, limiting height to 6 feet in most cases. Other cities have their own limits — see fence height rules by city. A few do address the line directly: Woodinville’s code, for example, requires fences to stand entirely inside the property line unless both owners agree.
Sharing the Cost: RCW 16.60
Washington’s fence statute, RCW chapter 16.60, contains the state’s “partition fence” rules. If one owner has built a fence and the adjoining owner later uses it to enclose their own land, the second owner must pay the first half the value of the fence (RCW 16.60.020), with notice and recovery procedures in the sections that follow.
Two cautions. First, the chapter is written around enclosing land — it defines a “lawful fence” in terms of barbed wires and deals with livestock and highway gates — and we have found no official guidance on how it applies to ordinary city lots. Second, it does not require a neighbor to pay for a new fence they did not agree to. In practice, cost sharing between city neighbors is a matter of agreement, which is why getting it in writing matters.
A fence built on the wrong land
RCW 16.60.055 addresses fences put up on someone else’s land by mistake: the owner who built it may remove it within three months after the line is run (surveyed).
Spite Fences: RCW 7.40.030
Washington courts can stop a fence built to hurt a neighbor. The statute reads:
“An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandatory injunction will lie to compel its abatement and removal.”
The key words are malicious and intended to spite, injure or annoy. An ordinary privacy fence built within the height limits is not a spite fence because a neighbor dislikes it.
Old Fence Lines and Adverse Possession
People often worry that a fence in the wrong place for years moves the property line. Washington does allow ownership claims based on long possession: an action to recover real property must generally be brought within ten years (RCW 4.16.020), and a shorter seven-year period applies to someone in possession under color of title who has paid the taxes (RCW 7.28.070). Whether a particular fence line has changed ownership depends on court-developed rules and the facts, and is a question for a real estate attorney.
The practical lesson: if you discover a fence is not on the line, do not ignore it for years — get a survey and deal with it, and when replacing a fence, build it where the line actually is.
Being a Good Neighbor About It
Which side faces out
Many people face the finished side toward the neighbor or the street. Some cities require it along streets. Board-on-board and shadowbox designs look finished from both sides.
Access for building
Replacing a fence on the line usually means working from both sides. Ask before anyone steps into the neighbor’s yard, and agree on plants that may be trampled.
Height and light
A fence within the limit can still shade a neighbor’s garden. Stepping down the height, or open lattice on top, often settles it.
Frequently Asked Questions
Can my neighbor make me pay for half of a new fence?
Not simply by building one. RCW 16.60 deals with paying half the value of an existing fence when an adjoining owner uses it to enclose their land, and how it applies to city lots is unclear. Without an agreement, a neighbor generally cannot force you to share the cost of a fence you did not ask for.
Can I remove a fence that is on my side of the line?
If it is clearly on your land, it is generally yours to deal with — but confirm the line with a survey first, talk to the neighbor, and read RCW 16.60.055 if the neighbor built it by mistake. Removing a fence that turns out to be theirs is a costly mistake.
Do I need my neighbor’s permission to build a fence on my property?
No, if it is entirely on your land and meets the city’s rules — though HOA covenants may require approval. See HOA fence approval.
Will the fence company find the property line?
A fence contractor can build to survey markers, but only a licensed land surveyor can establish the boundary. If there is any doubt, get the survey before the posts go in.
Sources
- RCW 16.60 — Fences Washington State Legislature Lawful fence (.010), partition fences (.020–.040), fences erected by mistake (.055).
- RCW 7.40.030 — Spite structures Washington State Legislature
- RCW 4.16.020 — Actions to recover real property Washington State Legislature
- RCW 7.28.070 — Possession under color of title Washington State Legislature
- Property line disputes Seattle Department of Construction and Inspections
- WMC 21.40 — Fences (Woodinville) City of Woodinville
Links and figures last checked against these sources: . Codes change — confirm the current rule with the city before you build.