Short answer
Pennsylvania has no general rule that twin-home neighbors share a fence. The state's line-fence cost-sharing law covers farms, not houses (Fogle v. Malvern Courts). In Pottstown, who maintains a fence usually comes down to whose land it stands on, who built it, and whether the two owners agreed to anything in writing. If you share one, write the arrangement down. This isn't legal advice.
Why this question is so common in the borough
Pottstown packs 10,689 housing units into 4.94 sq mi. Many of them are twins and rowhomes with narrow back yards that meet the neighbor's at a single line, often running back to an alley. One fence serves two households, and after twenty years nobody remembers who put it up.
What the law does and doesn't say
- No residential cost-sharing duty. Pennsylvania's 1905 Fence Law has neighboring owners share line fences, but the state Supreme Court limited it to farms and ranches in Fogle v. Malvern Courts.
- Location matters. A fence on your side of the line is generally treated as yours. A fence that straddles the line, or that nobody can place, is the hard case.
- Long use can matter. Pennsylvania's adverse possession period is 21 years, and in Burns v. Mitchell mowing up to a fence counted as possession. An old fence that sits off the true line can complicate things.
None of that tells you how a particular dispute would turn out. For that, talk to a Pennsylvania real-estate attorney.
Typical arrangements between twin neighbors
| Situation | What owners usually do |
|---|---|
| One owner built the fence on their own side | That owner maintains and replaces it |
| Built together on the line | Split costs by written agreement, including replacement |
| Nobody knows who built it | Get the line located, then agree on ownership in writing |
| Two different fences meeting at the line | Each owner keeps their own; agree how they join |
Common practice, not legal rules.
What the borough code adds
Pottstown's zoning code doesn't decide who owns a fence, but it shapes what goes in:
- Every fence is installed with the finished side facing outward, toward the neighbor or street (§27-317.2). On a twin, the person paying for the fence gets the post-and-rail side.
- Interior side yards allow up to 6 ft in the borough's Conservation and Gateway districts. Side yards along a street drop to 4 ft, but alleys don't count as streets for that rule.
- A new or replacement fence needs a zoning permit (§27-200), filed by whoever is building it.
- The chart says only one fence type from its material list may be used, which can limit mixing styles where two fences meet; we ask the Zoning Officer how it applies.
A shared-fence agreement, in a few lines
If you and the neighbor decide to share, a one-page agreement prevents most arguments later. Cover:
- Where the fence runs (attach a sketch, or the survey if you have one).
- Who paid for it and in what shares.
- Who handles routine upkeep, such as staining, loose boards and gate hardware.
- How replacement costs will be split, and what happens if one owner wants to replace early.
- Whether the agreement should be recorded so it carries over when either house sells. Ask an attorney about that.
Working on a fence you share
Replacing a fence on a narrow twin lot usually means working from both sides, so the neighbor's permission matters even when the fence is yours. Pottstown's permit is required either way. When only one owner is paying, a fence set just inside that owner's line, with the finished face toward the neighbor, avoids most of the questions on this page.
If you're sorting this out with the house next door, we can meet both of you at the estimate, walk the line and price it as one fence or two.
Common questions
My neighbor's half of the fence is falling down. Can I make them fix it?
Pennsylvania has no residential line-fence law to force cost sharing. A written agreement helps if you have one; an attorney can tell you your options.
Can I attach my new fence to my neighbor's fence post?
Only with their permission, since the post is theirs. We usually set our own end post on your side instead.