In Chicago and its Cook County suburbs, the owner who wants a new fence normally pays for it, unless the neighbor agrees to share. The Illinois Fence Act (765 ILCS 130) does speak of adjoining owners sharing a division fence, but its rule that forces a neighbor to help pay for a new one does not reach this area.
This page is general information, not legal advice. For a dispute, speak to a lawyer or to your city or village.
Does my neighbor have to pay for half of a new fence?
Not in Chicago or the nearby suburbs, unless they agree. Section 4 of the Fence Act makes an adjoining owner build or pay for a just proportion of a division fence only on land in a county of fewer than 1,000,000 people and outside any municipality. Cook County is far larger than that, and our whole service area is inside cities and villages. So you do not have to pay for half of a neighbor's new fence, and they do not have to pay for half of yours. Here, sharing happens by agreement.
What does the Illinois Fence Act say about a fence already on the line?
Section 3 says that when two or more people have adjoining land, each shall make and maintain a just proportion of the division fence between them. The Act dates from farm country and was written with livestock fences in mind. How it applies to an old fence between two city yards is a legal question. Ask a lawyer before you rely on it.
Who owns the fence between two properties?
Ownership follows the land under the posts. A fence wholly on one lot belongs to that lot. One that sits on the line by agreement of both owners should be treated as shared, with decisions made together. If nobody knows, a survey will show where the posts stand.
Can my neighbor put up a fence without asking me?
Yes, when it is on their own lot and follows the local height, material and permit rules. Neither Chicago's permit rule nor the suburban rules we read ask for a neighbor's signature for an ordinary fence. Oak Park is a partial exception: its guidelines allow a taller interior side fence only with the neighbor's consent.
A survey shows the fence is on the wrong side of the line. Now what?
Talk to the neighbor first. The fence can be moved to the surveyed line, or the two owners can sign an agreement that lets it stay. A real estate lawyer can tell you what a long-standing fence line means for your lot. Taking a fence down and resetting it on the right line is work we do.
The contractor built my new fence over the property line. Who fixes it?
The contractor, if they picked the line or went past the stakes. Write to them and ask for it to be moved at their cost. Your case is weaker if you showed them the line yourself. A good quote states where the fence goes and who marked it.
My neighbor and I agreed to split a new fence. How does the billing work?
Put the deal in writing before work starts: the route, the material, the height, the total and each owner's share. We can list the shared run as its own section on the estimate, with the amount for each of you.
The house next door is a rental and I cannot reach the owner. Can I build on my side?
Yes. A fence that stands fully on your lot does not depend on the neighbor, though it must still meet the permit and height rules. Have the line staked first, so there is nothing to argue about later.
The old fence on our side is rotted and the neighbor will not pay. Can I take it down and rebuild?
You can if it is on your lot, since it is then yours. If it is on the line, or you are unsure, write to the neighbor before removing it and keep a copy of what you sent.
My neighbor's tree roots are lifting our fence. Who handles that?
It takes two trades. A certified arborist assesses the roots and we handle the fence. Nobody should cut a major root until the arborist has looked, since that can kill or destabilize the tree. We can often shift a post to clear the root and bridge over it.
A business next door stacks material against my chain link fence and it is bending. Can it be reinforced?
Yes. Heavier posts, a bottom rail or a tension wire on your side all help. A fence is still not a retaining wall. Ask the owner in writing to move the load. If nothing changes, report it to the city through 311 or to your village.
The real price comes from a free visit and a written quote. Call (773) 741-0364 or text us a photo of the fence line.