With summer drawing to a close, this also means the start of darker evenings. And I love nothing better than placing string lights in my backyard to add warmth and a cozy ambience to the outdoor space.
But while I adore the ease and aesthetic of draping such lights across my fencing, this could potentially violate line regulations and boundary fence rules. What’s more, you might need to ask permission from your neighbors if you have joint ownership of a fence.
To avoid a potential neighborhood fallout, I asked legal experts what the ‘rules’ are when it comes to line regulations and proper etiquette to keep in mind. So before you decorate your fences for fall, here's what the pros recommend.
Is it ok to hang string lights over a boundary fence?
The general answer is yes, but this entirely depends on who owns the fence, (which we often assume incorrectly), state property law, local zoning ordinances, and your HOA (if you live in a community with one).
However, the rule of thumb is if it's jointly owned, you both share responsibility for the fence. “The actual rule is outlined in California's Good Neighbor Fence Law (Civil Code § 841),” states Edward Susolik, CEO & President of Callahan & Blaine, PC.
“In short, if the fence is built on the property boundary line, then both neighbors benefit from the fence and are also required to share the responsibility and costs. But if the fence is only on one side of the property line, it actually belongs to the property owner.”
Although hanging string lights over a fence would seem minor, compared to cutting neighbors’ overhanging trees, homeowners could risk legal liability by attaching anything to a shared fence without their neighbor’s permission.
“In my experience, hanging some lights isn't the first issue when a dispute arises,” adds Susolik. “It's always when one neighbor assumes the fence is theirs to decorate when it legally isn't."
“Should a neighbor attach lights or any other items to your fence, you have the right to demand removal.”
Edward Susolik, CEO of Callahan & Blaine
“If your fence sits entirely within your side of the property line, neighbors cannot attach anything to it without your permission. Should a neighbor attach lights or any other items to your fence, you have the right to demand removal.”
In addition, consider which direction your bulbs will be facing — up or down? Experts advise pointing lightbulbs downwards so that it lights up only your space and do not spill up and glare over the adjoining fence.
What’s more, it’s suggested to use soft, clear lights (not colorful, flashing lights) to minimize any complaints.
Fortunately, not everything has to result in tricky legal battles. A friendly chat with the person next door is usually the best place to start.
Politely ask your neighbor
Similar to the task of painting shared fences or even using a fire pit, it’s always courteous to speak with your neighbor beforehand.
“Since you both own the fence, and ergo have equal rights on it, they also have a say in what happens to the fence,” agrees Stacy Kemp Ferrari, Founder and Managing Partner at Kemp Law Group.
“Even if it's something as harmless as hanging a few lines of fairy lights, the safest (and courteous) thing to do is to let them know.”
But what’s the best practice if you’re not on friendly or first-name terms with them? Experts recommend following a conversation with a written agreement to avoid any misunderstandings.
“Ensure all agreements with your neighbors are in writing,” advises Susolik. “Often, it can take something as simple as a text message to clarify what exactly is being attached, when it's coming down, and that it won't cause permanent damage.
“Also be sure to check any HOA rules and local ordinances, as some impose restrictions that no private agreement between neighbors can override.”
Essentially, the key thing is good communication — even if you may think it’s just harmless string lights being hung. Ultimately, this could save you the bother of legal conflicts to navigate.
If in doubt, however, simply ensure that when installing string lights, they stay on your side of the property line/fence (along with any hooks or mounting hardware).
So if you want to avoid any neighborhood wars, be sure to keep these rules in mind.
Also, if you still want to maintain a level of privacy, check out these 7 plants will create more privacy in your backyard.
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