Delaware property laws, primarily under Title 25, Chapter 13 of the Delaware Code, regulate backyard fences through definitions of lawful fences, shared maintenance responsibilities, and dispute resolution processes involving fence-viewers appointed by local courts.​
Lawful Fence Standards
Lawful fences in Delaware vary by county: New Castle and Kent Counties require fences at least 4.5 feet high (or 4 feet with a nearby ditch), while Sussex County mandates 4 feet. Backyard fences generally cannot exceed 6 feet in height without local zoning approval, and they must be placed at least 2 inches from property lines to avoid encroachment issues. Materials like wood, iron, wire, stone, or thorn are permitted if they meet these height and structural standards.​
Shared Fences and Maintenance
For dividing fences between properties, especially those containing livestock, adjoining owners must share costs for construction, repairs, and maintenance equally after fence-viewers assess the situation. If a neighbor’s tree damages a shared fence, responsibility may fall to them if negligence is proven, but disputes require fence-viewer intervention. Homeowners without livestock have no statewide duty to build fences, though local ordinances may impose pool or safety barriers.​
Disputes and Restrictions
Property owners can erect backyard fences but face limits on “spite fences” built solely to annoy neighbors, which courts may order removed with compensation. If a fence encroaches on your property, demand removal from the neighbor or pursue legal action; check local setbacks (often 6 inches to 3 feet) before building. Always consult county zoning for front, side, or rear yard specifics, as they override general state rules.
SOURCES
[1](https://302properties.com/property-fence-laws-in-delaware-in-2022/)
[2](https://www.dcfence.com/how-to-determine-who-owns-a-fence/)
[3](https://delcode.delaware.gov/title25/c013/index.html)
[4](https://online.law.pitt.edu/blog/an-overview-of-property-rights-in-law)
[5](https://delcode.delaware.gov/title25/c013/)
