Fence laws in Alabama
What Alabama statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Alabama fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Ala. Code 35-7-3 |
| Fence height | Silent | no figure | Ala. Code 3-4-1 |
| Permits | Stated | no figure | Ala. Code 34-14A-82(b) |
| Pool barriers | Silent | no figure | Ala. Code 34-14A-82 |
| Spite fences | Silent | no figure | Ala. Code 35-7-1 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in Alabama, question by question
Who owns the fence between two properties in Alabama?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Alabama calls a fence on the line between two different owners a partition fence. Section 35-7-3 says a partition fence between improved land is built and repaired at the joint expense of the occupants. If a person later ties into a neighbor's existing fence and uses it as a line fence, that person owes a share of what it cost, judged by the shape the fence was in at the time it was joined.
Partition fences between improved lands are to be erected and repaired at the joint expense of the occupants; or if any person makes a fence a partition fence by joining to or using it as such, he must pay to the person erecting it his proportion of the expense, taking into consideration the condition of such fence at the time it is so joined to or used.
Also on fences on the property line in Alabama
- StatedSection 35-7-7 sets the notice step and the remedy. After ten days notice asking a joint owner to help build, repair or keep up a shared fence, an owner who refuses and will not pay a share can be sued for that share in any court with jurisdiction. The court or jury decides whether the work was needed and what it was worth. The section also blocks one owner from spending money carelessly on the fence and billing the others for it. Ala. Code 35-7-7Alabama · Statute
How tall can a fence be in Alabama?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Alabama sets no statewide limit on residential fence height. The only height number in state fence law is in Section 3-4-1, which says a lawful fence must be at least five feet high, and that rule is about keeping livestock in rather than about a yard fence. Residential fence height is set by city and county zoning.
Documents read before writing that:
- Ala. Code 3-4-1Alabama Legislature
- Ala. Code 34-14A-82Alabama Legislature
Do I need a permit for a fence in Alabama?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Alabama does not write its own residential code from scratch. Section 34-14A-82 says the Alabama Residential Building Code is based on a published edition of the International Residential Code and the International Energy Conservation Code, and the Home Builders Licensure Board is the body that adopts it. The fence permit exemption sits inside that adopted code. The International Residential Code text is not posted on an Alabama state site, so the exemption wording is not quoted here.
The proposed Alabama Residential Building Code, and any subsequent amendment to the code, shall be based upon a published edition of the Alabama Energy and Residential Code as adopted and amended from the International Residential Code (IRC) and the International Energy Conservation Code (IECC).
Pool fence requirements in Alabama
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Alabama states no swimming pool barrier height in statute or in a statewide health rule. The Code of Alabama has no section with swimming in its heading, and the Department of Public Health runs pool permits and inspections through county health departments instead of one statewide chapter. Pool barrier rules come from the Alabama Residential Building Code, which the state builds from the International Residential Code. That code text is sold by the International Code Council and is not posted on an Alabama state site, so no height is quoted here.
Documents read before writing that:
- Ala. Code 34-14A-82Alabama Legislature
- ADPH public swimming pool programAlabama Department of Public Health
Spite fence laws in Alabama
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Alabama has no spite fence statute. Every section of the Code of Alabama with the word fence in its heading was listed and read, and none of the thirteen limits a fence put up to annoy a neighbor or sets a height trigger for one. Title 35, Chapter 7 covers only cost sharing on partition fences, and Title 3, Chapter 4 covers livestock fences.
Documents read before writing that:
- Ala. Code 35-7-1Alabama Legislature
- Ala. Code 3-4-1Alabama Legislature
How fence height is measured in Alabama
Not researched yet for Alabama. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Alabama
Not researched yet for Alabama. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Alabama
Not researched yet for Alabama. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Alabama
Not researched yet for Alabama. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Alabama
Not researched yet for Alabama. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
6 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Alabama LegislatureCode of Alabama 1975, Section 35-7-3, Expenses to Be Borne Proportionately by Adjoining Owners
- Alabama LegislatureCode of Alabama 1975, Section 35-7-7, Action to Recover Costs and Expenses
- Alabama LegislatureCode of Alabama 1975, Section 3-4-1, Requirements as to Construction of Lawful Fences - Generally
- Alabama LegislatureCode of Alabama 1975, Section 34-14A-82, Proposal, Adoption, and Implementation of Alabama Residential Building Code
- Alabama Department of Public HealthPublic Swimming Pools, Spas, and Interactive Water Features program page
- Alabama LegislatureCode of Alabama 1975, Section 35-7-1, Partition Fences Defined
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean