New Castle County recommends placing fences slightly back from property lines to avoid boundary disputes. Partition fence disputes are governed by Delaware common law and Delaware Code Title 25 §601 et seq. (primarily for agricultural settings).
The county recommends property owners place fences back from the property line to allow for maintenance and avoid encroachment disputes. A property survey is advisable before installation. Delaware Code Title 25 §601 et seq. governs partition fences mainly in agricultural contexts. In residential areas, boundary fence disputes are civil matters. Both neighbors share maintenance responsibility for true boundary fences under common law.
Fence encroachments are civil disputes; property maintenance violations remain under county enforcement.
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