Can I build a fence in an easement?

Raleigh does not allow fences in a tree conservation area, and a fence in a City utility or required drainage easement needs prior written approval from the relevant city director. Check your recorded plat for easements before planning.

Does my HOA need to approve the fence?

Possibly. Raleigh's fence page does not discuss HOAs, but neighborhood covenants can be stricter than the city. Read your covenants and ask the association before you order.

Do I have to share the cost with my neighbor?

North Carolina has no general division-fence statute, so a neighbor has no automatic duty to share cost. Any agreement is best written down. Talk to an attorney for your situation.

Property Lines, Easements, and HOAs: Before You Set a Fence Post

Call (984) 363-2979

Most fence disputes are not about height. They are about where the fence sits and who agreed to it. A little homework before the posts go in is cheaper than moving a fence later.

Know where the line actually is

The City of Raleigh’s fence page asks for a site plan, and says the property should have a legally recorded map on file with the county Register of Deeds. It does not list a survey as a requirement for a fence permit, but whether you need one for your own peace of mind is a different question. If any neighbor disagrees about the boundary, or if your fence will sit close to the line, a recent survey from a licensed surveyor is worth the money. Do not treat the curb, sidewalk, or an old fence as the line. The Town of Cary specifically notes that the back of the curb or sidewalk is not the property line. A neighboring town recommends setting a fence slightly inside the line to avoid disputes. That is a suggestion, not a Raleigh rule, but many homeowners follow it.

Easements

An easement lets someone else, such as a utility, use part of your land. Raleigh’s rules matter here:

No fences in a tree conservation area.
No fence in a City utility easement without prior written approval from the Public Utilities Director.
No fence in a required drainage easement without prior written approval from the Engineering Services Director.
Pool-related fences may not cross public sewer or drainage easements without Raleigh Water approval.

Easements usually appear on your recorded plat. Ask your installer whether they have checked it, and put that in the contract.

Wells and septic

If you have a private well or septic system, the city says Wake County Environmental Services approval comes before the application.

HOA covenants

Raleigh’s page does not mention HOAs, but a covenant can limit height, color, style, or material even where the city would allow it. Holly Springs tells owners to follow neighborhood restrictive covenants, and a Wake Forest checklist asks for HOA approval when it applies. Request written approval before you sign the contract, and keep a copy.

Neighbors

If a fence will run along a shared line, talk first. North Carolina has no general statute that makes neighbors split the cost, so any agreement should be in writing, and an attorney can tell you whether to record it. Separately, North Carolina courts have treated a fence built mainly to annoy a neighbor as a private nuisance. As for which side faces outward, we found no statewide rule, so decide it in advance with your neighbor, your HOA, and your installer.

Before you hire

Our hiring checklist covers asking who handles the permit and 811. For city rules, see the permit guide.

Want help finding a local fence installer? Call (984) 363-2979 or send a request below.