Arkansas property laws treat boundary fences as shared responsibilities, impacting backyard disputes through deeds that define ownership lines. Deeds clarify exact boundaries via metes and bounds or surveys, preventing encroachments that could lead to adverse possession claims after seven years of open use.
Fence Ownership Rules
Boundary fences on property lines make adjoining owners joint owners under Ark. Code § 2-39-105.
- Both parties share maintenance, repair, and replacement costs equally; neither can remove it unilaterally without consent.
- Disputes go to a justice of the peace, who appoints three neutral locals to inspect and report findings for court.
- You can build fully on your side without neighbor notice, subject to local height limits (typically 6 feet residential, up to 8 feet with approval).
Deed Impacts
Deeds establish legal boundaries; inaccurate ones spark fence fights, resolvable by surveys.
- Verify lines via recorded deed or professional survey before fencing to avoid spite fence claims (e.g., maliciously blocking views).
- Adverse possession risks arise if a neighbor treats your land as theirs openly for 7 years.​
Height and Local Rules
Limits vary: 6 feet front/side yards, 8 feet rear/commercial; HOAs or cities may impose stricter rules.
| Fence Type | Height Limit | Shared Cost? |
|---|---|---|
| Boundary ​ | Local rules | Yes, equal |
| On Your Property ​ | 6-8 ft | No |
| Livestock ​ | 5 ft min | Shared if boundary |
Check county zoning and get written neighbor agreements for peace.
