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Does the State of Washington have the "Good Neighbor" Fence Law (both owners mutually responsible for a common fence)?
Anonymous2 views2 answers
According to the "Good Neighbor" Fence Law that many states have, if I paid to put up or fix a fence, my neighbor is obligated to reimburse me for one half of the “reasonable cost” of that fence (unless an agreement indicates otherwise). This law places responsibility on both parties because both of us benefit from the fence. Can anyone comment on whether King County or Washington State has this law?
Washington has such a fence law relating to livestock fences, found in RCW 16.60. But in my brief search I don't see similar law regarding fences for other purposes.
Ms. Jordan is correct; in the residential context, the fence is owned by the person who built it, and that person is responsible for cost of maintenance, repair, etc. There is no imposition of costs on a neighbor, who is free to build their own fence parallel to the neighbor's fence if they wish.
There are fence laws in the Washington code title regarding animals and livestock--RCW 16.60.020 (link below)--where a property owner who uses a neighbor's already-built fence as part of their means of enclosing their own land, can be responsible for a portion of the cost. I have heard of lawyers trying to argue that the statute applies more broadly than for purposes of putting up wire fencing (see RCW 16.60.010) for enclosure of livestock, but not with any success that I know of.
