The Fence Act

What is the Fences Act?

Law on neighbourhood fences regulates the relationship regarding fences between neighbours. The law is popularly known as the Fence Act or the Neighbourhood Fence Act.

What does the Fences Act say?

The Fence Act applies to rural and urban areas, as well as agriculture and other real estate. The main rule of the Fence Act is that everyone has the right to erect a fence against their neighbour as long as they pay for it themselves. This applies even if your neighbour does not want you to erect the fence.

You can also require your neighbour to pay half the cost of erecting and maintaining the fence if it benefits both properties and the benefit is greater than the cost.

The Fence Act is largely based on judgement, which often leads to neighbour conflicts about the interpretation of regulations related to, for example, hedges and fences.

What is not regulated by law?

The Fencing Act does not regulate fencing against public roads and railways.

Are there other laws that regulate fences?

Yes, there are. There are several laws that regulate fencing, and these must be read in conjunction with the Fence Act to find out which rules apply in each individual case.

Other examples of key laws are:

- The Planning and Building Act. Regulates fences that may require a permit application from the municipality.
- The Open Air Act. Regulates the prohibition of closures and fences that make it difficult to exercise the right of public access and travelling.
- Reindeer Husbandry Act. Regulates the right to erect fences that are necessary for reindeer husbandry.
- The Animal Welfare Act. Regulates the use of barbed wire in fencing to ensure animal movement.

As a general rule, neighbours may agree on solutions other than those set out in the Fences Act, but it is not permitted to agree on or demand solutions that are contrary to the law.

What does the Fence Act say about the design of a fence?

A fence must be erected so that maintenance can take place without unnecessary or unreasonable inconvenience or damage to the neighbour. The starting point is that the fence must be erected on the dividing line between the plots, no further into the neighbour's property than into your own property, and no further in than half a metre.

The fence can be placed on the neighbour's property if it is expensive or difficult to place the fence in the dividing line between the properties. In that case, the neighbour is entitled to compensation.

What does the Fences Act say about hedges?

If the hedge acts as a fence, the Fence Act regulates the relationship between neighbours.

If your neighbour's hedge is higher than two metres, it is considered illegal under subsequent laws if it causes damage or inconvenience, while the Fences Act does not specify the height of hedges. It is therefore important to see the Neighbourhood Act and the Fence Act in context in neighbourhood conflicts.

Do I need to apply to put up a fence?

You don't need to apply to put up a fence if:

• The fence does not border the road
• The fence faces the road, but is no higher than one and a half metres

It is also a prerequisite that the fence is built with a simple and open construction.

However, there may be provisions in a municipality's zoning plan that restrict this as well. You can check which rules apply by contacting the planning and building authority in your municipality.

Do I need a lawyer?

Neighbour disputes about the Fences Act are often characterised by complicated regulations and a high level of conflict. It may therefore make sense to contact a lawyer who is an expert in property disputes, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In a neighbour dispute about the Fences Act, your home insurance or villa insurance will normally have a so-called legal expenses insurance. This covers your legal expenses up to NOK 100,000 in the event of a dispute regarding the Fences Act. You must cover a deductible under the insurance. The lawyer will then continue the dialogue with the insurance company on your behalf.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in disputes concerning the Fences Act. Our lawyers have extensive experience and are experts in property disputes.

The law firm Halvorsen & Co helps clients in such cases at the following locations:

Ringerike, Hønefoss, Ski, Follo, Ås, Kolbotn, Vestby, Nordby, Moss, Enebakk, Indre Østfold, Oslo, Asker, Bærum, Drammen, Hurum, Drøbak and Nesodden.

We always offer a free conversation about your case. Get in touch with us today.