Neighbor Fence Rules: Apex vs Cary
How do neighbor fence rules rules compare between Apex, NC and Cary, NC?
Apex and Cary have similar restriction levels.
Apex, NC
Wake County
Apex regulates fence location, height, and finish under UDO Sec. 8.2.7 but does not impose a cost-sharing requirement on neighbors. Section 8.2.7.A.2 requires the finished side of a fence to face an adjacent property or public right-of-way, except in the Downtown Festival District where the side facing an alley may be unfinished. Per the Town's published FAQ, 'your fence can be placed up to, but not on or over your property line,' and Apex does not survey property lines or arbitrate private boundary disputes. Boundary, cost-sharing, and partition issues are private civil matters governed by North Carolina common law.
View full Apex rules →Cary, NC
Wake County
North Carolina does not have a statutory requirement for neighbors to share fence costs. Cary follows common law principles — the builder pays unless both parties agree to share costs.
View full Cary rules →Key Facts Comparison
| Fact | Apex | Cary |
|---|---|---|
| Finished-Side Rule | Required toward right-of-way / adjacent property (Sec. 8.2.7.A.2) | - |
| Downtown Festival District Exception | Alley-facing side may be unfinished | - |
| Property Line Placement | Up to, but not on or over, the line (Apex Planning FAQ) | - |
| Cost-Sharing Mandate | None in UDO or Apex Code of Ordinances | - |
| Thoroughfare-Facing Fences | Must provide visual interest (Sec. 8.2.7.C.2) | - |
| Property Surveys | Owner's responsibility - Town does not survey | - |
| Boundary Disputes | Private civil action under NC common law | - |
| Cost Sharing | - | No statutory requirement — by agreement only |
| Property Line | - | Build on your side or by agreement |
| Disputes | - | Civil matter — survey recommended |
| Spite Fences | - | May be actionable under common law |
Highlighted rows indicate differences between cities.
Apex FAQ
Which side of the fence has to face my neighbor in Apex?
The finished side. UDO Sec. 8.2.7.A.2 states: 'All fencing shall be finished on the side facing a public right-of-way or adjacent properties, except within the Downtown Festival District where the side facing an alley may be unfinished.'
Can I make my neighbor pay for half of a shared fence?
Not through the Town. Apex does not have a cost-sharing or partition-fence ordinance. Shared-fence cost disputes are private civil matters governed by North Carolina common law and must be resolved between the neighbors or through the courts.
Will the Town of Apex tell me where my property line is?
No. Per the Apex Planning Department FAQ, 'your fence can be placed up to, but not on or over your property line,' but the Town does not perform property surveys. Owners typically hire a North Carolina licensed land surveyor to confirm boundaries before installation.
Cary FAQ
Does my neighbor have to pay for half the fence in Cary, NC?
No. North Carolina has no statutory requirement for shared fence costs. The builder pays unless both parties agree in writing to share.
What if my neighbor's fence is on my property in Cary?
Get a property survey to establish the boundary. If the fence encroaches, discuss relocation with your neighbor. This is a civil matter between property owners.
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