Delray Beach, FL Fence Regulations: Neighbor Fence Rules (2026)

Unlike California or other states with mandatory cost-sharing statutes, Florida law places no obligation on an adjoining property owner to contribute to a shared boundary fence. Each owner is responsible for fences they construct on their own land. FL §823.11 (the 'spite fence' statute) declares it a nuisance to erect a fence exceeding 10 feet in height that serves no useful purpose other than to annoy the adjoining owner—giving a neighbor civil recourse for injunction and damages. Delray Beach LDR Section 4.6.5 additionally requires that the finished (smooth) side of any fence face the adjoining property or public right-of-way, with structural posts and rails facing inward. Fences must be set inside the property line—a survey is strongly recommended before construction to avoid encroachment disputes. Common setbacks are 6 inches from the property line, though fences may be built directly on the line if both owners sign a written shared-fence agreement. Disputes over encroachment are civil matters resolved in Palm Beach County court, not by Delray Beach Code Enforcement.