Property Line and Fence Laws in Nevada

In an ideal world, neighbors can share a property line and resolve disputes peacefully. Unfortunately, legal disputes between neighbors are not uncommon. These sorts of disputes often involve boundary lines, fences, and trees along property lines. Most states have laws addressing these commonly disputed issues. Read on to learn more about property line, fence, and tree trimming laws in Nevada.

Nevada Property Line, Fence, and Tree Trimming Laws

Some states have laws governing boundary fences that divide one property owner's land from another's. In Nevada, unlike some other states, boundary fences dividing residential properties aren't highly regulated.

However, there are various local ordinances in Nevada towns and cities that govern building certain types of walls and fences. Many counties, including Clark County, require that you have a permit before building a fence and that it conforms to local building ordinances.

On the other hand, Nevada does choose to regulate other issues that arise between neighbors. For example, you may be liable for nuisance if you maliciously erect a structure that interferes with your neighbor's right to enjoy their property. In addition, while you have the right to trim the branches of an encroaching tree up to the property line, you may be legally liable if you intentionally damage your neighbor's tree.

Nevada Property Line and Fence Laws At a Glance

The following chart provides more information about Nevada laws governing property lines, fences, and tree trimming.

Statutes

Boundary Fences: Local Nevada ordinances

Spite Fences: Nevada Revised Statutes Section 40.140

Tree Trimming: Nevada Revised Statutes Section 40.160

Boundary Fences

Local laws in many Nevada counties require permits before building fences, and that fences conform to local building codes and ordinances.

Spite Fences

A property owner may be legally liable for nuisance for building a "spite fence" that serves no legitimate purpose other than to annoy a neighbor.

A "nuisance" as defined by Nevada law includes any structure that obstructs the free use of the property of your neighbor or interferes with your neighbor's "comfortable enjoyment of life or property."

Tree Trimming

A landowner has the right to trim encroaching tree branches up to the property line.

A landowner can be held legally responsible for intentionally damaging a neighbor's tree, and may be forced to pay up to three times the cost of the injury to the tree.

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Property Line, Fence, and Tree Resources

Consider Meeting with a Nevada Real Estate Lawyer

Disagreements between neighbors over issues like fences, property lines, and tree branches are an unfortunate part of life. If you're in such a situation, it's a good idea to understand how the laws of your state and local ordinances apply to you. Depending on your circumstances, you may also want to seek professional legal help from a Nevada real estate attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.