In Rhode Island, property deeds define backyard fence responsibilities through partition fence laws, requiring adjoining owners to equally share costs and maintenance for lawful fences on boundary lines, with disputes resolved by fence viewers.​
Lawful Fence Standards
Rhode Island deems fences lawful if they meet specific heights and constructions: hedges with ditches at 3 feet high, without at 4 feet; post-and-rail at 4.5 feet; stone walls at 4 feet with overhanging caps; all others at least 4.5 feet. Barbed wire needs adjoining owner consent for line fences, and partition fences must straddle the dividing line equally on each property. Local zoning adds permit requirements, height limits (6 feet in residential front/side yards, 10 feet in rear business areas), and bans barbed wire in residences.​
Shared Maintenance Obligations
Owners of improved adjoining lands must build and maintain partition fences in equal halves by length and quality year-round, unless agreed otherwise. If one improves unimproved land, the new owner reimburses half the existing fence value upon improvement. Non-compliance triggers fence viewers—town-appointed officials—who order repairs, assess costs recoverable in court, and permanently assign shares recorded with the town clerk.​
Deed and Dispute Implications
Deeds establish boundary lines controlling fence placement; encroachments onto public rights-of-way or utilities violate local codes. Disputes over location, quality, or payment go to fence viewers for binding division, with appeals limited and costs awarded to prevailing parties. These rules protect property rights but emphasize neighbor cooperation to avoid litigation.
SOURCES
[1](https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/rhodeisland.pdf)
[2](https://codelibrary.amlegal.com/codes/middletown/latest/middletown_ri/0-0-0-7169)
[3](https://law.justia.com/codes/rhode-island/title-34/chapter-34-10/)
[4](https://webserver.rilegislature.gov/Statutes/TITLE34/34-10/34-10-1.htm)
[5](https://rules.sos.ri.gov/regulations/part/650-20-00-1)
