Deed Dilemmas: What Vermont’s Property Laws Really Mean for Your Backyard Fence

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Deed Dilemmas: What Vermont's Property Laws Really Mean for Your Backyard Fence

Vermont property laws emphasize shared responsibilities for boundary fences under statutes like Title 24, Chapter 109, tying into deeds that define property lines. Deeds clarify ownership boundaries, but fence disputes often hinge on “sufficient fence” standards and mutual maintenance obligations rather than sole backyard ownership. These rules prevent encroachments and ensure fair division, impacting what you can build or alter.​

Fence Standards

A sufficient fence must be at least 4.5 feet high, in good repair, and capable of containing sheep, or use natural barriers; this applies to division fences between properties. Owners of occupied adjoining lands share equal portions of maintenance costs and duties. Unoccupied land owners may be exempt if town selectboard decides so upon request.​

Dispute Resolution

Fence viewers—town-appointed officials—resolve disagreements on fence location, shares, or sufficiency after notice to parties, with decisions certified and recorded for binding effect on heirs. If a line prevents straight fencing (e.g., due to water), viewers set a practical path, adjusting possession accordingly. Agreements in writing, witnessed and recorded, override defaults.​

Deed Connections

Deeds establish exact property lines via surveys, determining fence placement; encroachments onto neighbors’ yards can lead to removal orders or liability. Unnecessary fences blocking views, light, or air are prohibited with fines up to $100. Local ordinances, like Burlington’s setbacks, may add rules for height or placement.​

SOURCES

[1](https://legislature.vermont.gov/statutes/fullchapter/24/109)
[2](https://nationalaglawcenter.org/wp-content/uploads/assets/fencelaw/vermont.pdf)
[3](https://legislature.vermont.gov/statutes/section/24/109/03801)
[4](https://law.justia.com/codes/vermont/title-24/chapter-109/)
[5](https://www.peetlaw.com/what-is-a-deed)

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