Garden Fence Height Law

Updated February 21, 2017

A garden fence can help protect your garden from unwanted trespassers. The size of the garden will determine the type of fence that needs to be constructed. Garden fence laws place limitations on how high a fence can be. Those who wish to enclose their garden without building a fence may also grow hedges. Hedge height laws may also apply, however.


There are two purposes for garden fence height laws: to protect the rights of the fence owner and to protect the rights of the surrounding neighbours. Fence owners have the right to enclose and protect their gardens. Neighbours have the right to a clear view of their surrounding area. If fences are too high and block this view, they may be illegal.

The Law

There is no set law in regard to how high or how low a garden fence needs to be. Municipalities have the right to create their own height regulations regarding garden fences. Those who wish to build a garden fence that exceeds municipal regulations will need a permit to construct it.


Before constructing a garden fence, make sure it's being constructed on your side of the property line. The title deed of your property will clarify the boundary lines. Neighbours who share a garden fence have the right to trim portions of a tree that grows over the fence in some areas, such as California. The health of the tree cannot be damaged, however. If damages occur, the trimmer will be held liable.

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About the Author

Based in California, Noel Shankel has been writing and directing since 2002. His work has been published in "Law of Inertia Magazine." Shankel has a Bachelor of Arts in film and writing from San Francisco State University.