A written note is cheap insurance
One page on position, type and costs prevents an argument even years later.
Guide · neighbours and boundariesA boundary fence
A boundary fence
with your neighbour
A boundary fence always involves two households, and it is where garden disputes most often start. We explain what the law says, how to pin down the boundary before work starts and what to agree with your neighbour in writing.
Short answer
Before building a boundary fence, find the markers, agree its position, type and costs with your neighbour in writing, then start work.
That way the fence does not end up a few centimetres in the wrong place and the costs do not fall on one household. Below we go through every step, from the markers to a possible dispute.
1. The boundary
First, establish exactly where the boundary runs
Take the fence line from the boundary markers, not from the old fence, a hedge or a map app.
Find the markers on the ground
Under § 128 of the Law of Property Act, the boundary is determined by the land cadastre data and the boundary markers. The Land and Spatial Development Board advises finding the markers on site with the help of the cadastral unit plan and the boundary protocol. A marker may be underground or hidden in grass, so search the plot corners and the points where the boundary turns.
According to the Board, a map app cannot show whether a structure crosses the boundary, and the cadastral map may be inaccurate. Phone GPS helps you search but is not accurate enough.
If you cannot find them, call a licensed land surveyor
Only a licensed land surveyor may install and restore boundary markers. The surveyor invites every owner whose plot shares a point with that boundary and draws up a boundary protocol. Do not ignore the invitation: an owner who is invited but does not attend is deemed to agree with the boundary's location.
If the neighbours understand the boundary differently, the surveyor's view is decisive when it is determined. The costs of restoring markers and determining the boundary are shared equally unless agreed otherwise.
Mark the line and protect the markers
Run a string line between the markers and photograph them. Owners must keep markers intact and may not move them, and if one is destroyed during the work, the neighbour can claim the restoration costs from whoever caused it. Ask your installer to set out the posts so the auger keeps clear of the markers.
Sources: Law of Property Act, Land and Spatial Development Board, landowner memo.
2. Your neighbour
Talk to your neighbour before you ask for quotes
Why your neighbour has a say
Under § 151 of the Law of Property Act, a wall, hedge, ditch or similar thing separating two plots is in the neighbours' joint use, whoever owns it, and may not be used against its purpose or to the neighbour's harm. Harku Municipality states plainly that where a fence separates two properties, cooperating with the neighbours is mandatory.
The Land and Spatial Development Board advises telling your neighbours about your plans early and consulting the municipality before building, altering or removing a fence on the boundary. When processing a building notice, the municipality may also involve the neighbouring owner under § 36 of the Building Code.
What to agree and put in writing
Agree and write down the fence's position (exactly on the boundary or entirely on one plot), its type, height and good face, how building and upkeep costs are shared, any pedestrian gate on the line, the timing, access from the neighbour's side and what happens to the old fence and any hedge. Attach a sketch or the quote showing the fence line and both sign it; a signed page or a clear email exchange is usually enough.
Check the plan first, as it may set the permitted height and transparency of the fence. A solid fence that you both want may not be allowed there.
When the land register matters
Restrictions set by neighbour law apply without any land register entry, but a restriction created by agreement binds third parties, such as a future owner, only once it is registered. If the fence stands partly on your neighbour's land and you want certainty even after a sale, the Board suggests registering a real right that permits building across the boundary.
Sources: Law of Property Act, Harku Municipality, structures, Land and Spatial Development Board, landowner memo, Building Code (Ehitusseadustik).
Position
Exactly on the boundary or on one plot?
| Fence on the boundary | Fence on one plot | |
|---|---|---|
| Whose land | The posts stand on the line, so the fence is on both plots. | Entirely on one owner's land, set slightly back from the line. |
| Building costs | Shared by agreement, for example half each. | Usually paid by the fence owner, who also picks the type. |
| Upkeep | Both use the fence, so write down how upkeep is shared. | The owner needs access to the outer face too, for example for painting. |
| Best when | The neighbours get on and want the same fence. | You cannot agree or want to decide on your own. |
A practical comparison, not a legal assessment.
3. Costs
How to share the costs fairly
What the law splits and what you agree
By law, neighbours share equally the cost of installing boundary markers and, unless agreed otherwise, of determining the boundary. The upkeep costs of a boundary structure are shared equally if both use it. How to split the price of a new fence is up to you, and it causes the most arguments later if nothing was written down.
Three common ways to split
The simplest is half each. If one neighbour wants a pricier fence, it is fair that they pay the difference, for example for a solid fence where roll mesh would do for the other. Or split the boundary into two sections that each of you builds and maintains, with one agreed type and height.
Our price guide shows the level: installed roll mesh costs €25–45/m and 3D mesh panels €35–60/m. For example, 40 m of 3D panel fence costs €1,400–2,400, or €700–1,200 each if split in half. The written quote after the free site visit gives the exact amount.
A quote that is easy to split
Ask for a quote with the fence, gates, removal of the old fence and disposal on separate lines, so it is clear who pays for what. Also agree whose name goes on the contract and invoice.
Sources: Law of Property Act.
4. The work
Access, hedges and working from the neighbour's side
If the work needs your neighbour's land
A boundary fence is easier to build when the crew can work from both sides. Under § 147 of the Law of Property Act, the neighbour must allow materials to be carried across their land, or people to walk or drive over it, if building is only possible that way, it is strictly necessary and any damage is compensated. Better still, simply agree when the crew comes, where they walk and how the lawn is put right afterwards.
Hedges, trees and shrubs on the line
Trees and shrubs growing on the boundary are co-owned by the neighbours, so do not remove a boundary hedge or tree for the fence on your own: agree it with your neighbour. You may cut back branches and roots reaching onto your plot if they interfere with its use and the neighbour has not removed them within the time needed after a warning.
Cables and pipes along the boundary
Your neighbour's or a utility company's cables and pipes may also run along the boundary. Find them before drilling; our guide to fences near roads and utilities explains who to ask and how close you may dig.
Sources: Law of Property Act.
5. The old fence
The old boundary fence: remove, repair or keep?
Ask before you take it down
If the old fence is also needed in your neighbour's interest, for example for their dog or children, § 151 of the Law of Property Act says it may not be removed or altered without their consent. Agree when it comes down and how soon the new one goes up, so your neighbour's garden is not left open.
If the old fence leans or is falling apart
Structures must be kept so that their collapse or falling parts cannot damage the neighbouring property, and a neighbour at risk may demand that the danger be removed. You do not always need a whole new fence: leaning posts can often be repaired and broken panels replaced.
Removal, disposal and paperwork
Where building the fence involves digging deeper than 30 cm, Annex 1 of the Building Code requires a building notice and a design for a new fence, and a building notice for demolishing the old one. Replacing a single part with an equivalent one needs no notice; our fence permit guide has the details. Also write down who removes the old fence and where the material goes.
Sources: Law of Property Act, Building Code, Annex 1.
6. Disputes
If your neighbour disagrees or the fence is in the wrong place
If you cannot agree
Do not start work during a dispute. If your neighbour does not want a shared fence, you can build it entirely on your own land and decide the type and timing yourself, within the plan's requirements. If the dispute is about where the boundary runs, have a land surveyor determine it: the surveyor's view is then decisive, not what the neighbours remember.
If the fence already crosses the boundary
If a fence was built over the boundary in good faith, the neighbour must tolerate it under § 148 of the Law of Property Act but may demand that the land under it be acquired or that periodic compensation be paid. The neighbour may demand removal of the part on their land if the builder acted in bad faith, or if the neighbour objected before building started or later, at the latest while removing that part was still possible without excessive cost.
The Board lists the ways out: order a boundary determination if a survey error is to blame; otherwise agree with your neighbour to change the boundary, register a right to build across it or pay compensation, or move the fence. An agreement on the amount of compensation is valid once it is noted in the land register.
Your neighbour first, then an authority or court
For a boundary marker and its costs, the Board advises going to your neighbour first and thinking about claims or court only if you cannot agree. For a dispute about the fence itself, ask the municipality's building officer and, in harder cases, a lawyer.
Sources: Law of Property Act, Land and Spatial Development Board, landowner memo.
Our advice
What we recommend
Find the markers before the site visit
Then we can plan the fence line and post positions correctly straight away, and the quote is more accurate.
Shared money, better fence
When costs are shared, the same budget can buy a stiffer fence or a better gate.
When in doubt, build on your side
If your neighbour hesitates or the boundary is unclear, set the fence slightly inside your plot. That is safer than a dispute over posts.
Common problems
What often goes wrong
The line followed the old fence
The old fence was off the boundary, so the new one ended up partly on the neighbour's land.
The deal was verbal
Years later the neighbours remember the cost split differently.
A marker ended up under a post
It was destroyed during drilling, and a surveyor had to be paid.
The old fence came down unasked
The neighbour needed it for a dog and was left with an open garden for days.
The hedge was cut down
It belonged to both neighbours, and the row started before the fence was finished.
The frame faces the neighbour
Nobody agreed on the good face, so the neighbour looks at posts and rails for years.
FAQ
Frequently asked questions
No. It can go exactly on the boundary or entirely on one plot. Agree the choice with your neighbour in writing, because it decides how building and upkeep are shared.
If both neighbours use the fence, the law says they share its upkeep costs equally. Agree in writing before work starts how the building cost is split, for example half each or with the neighbour who wants the pricier fence paying the difference.
If the fence is also needed in your neighbour's interest, it may not be removed or altered without their consent under § 151 of the Law of Property Act. Before taking it down, agree when it happens and who takes the material away.
Have a licensed land surveyor restore them, because phone GPS and map apps are not accurate enough. The surveyor invites the neighbours, and the restoration costs are shared equally unless agreed otherwise.
If it was built in good faith, the neighbour must tolerate it but may demand that the land be acquired or compensation paid. They may demand removal if the builder acted in bad faith, or if they objected before building or later while removal was still possible without excessive cost (Law of Property Act § 148).
Only if building is possible solely by using their land, it is strictly necessary and any damage is compensated (Law of Property Act § 147). If the fence can be built from your side, simply agree access with your neighbour.
Checked on 27 September 2026. This guide is not legal advice: check the current requirements before work starts.
Let's plan the fence with you and your neighbour
At the free site visit we check the boundary, ground and access and prepare a written quote you can discuss with your neighbour.