Alabama Fence Laws & Property Lines: What Anniston and Oxford Homeowners Should Know
Alabama's main fence statute is about fences built on the line between neighbors and who pays for them. Where and how tall you can build is mostly set by your city. This page summarizes both, with links to the source text.
Partition fences: Alabama's line-fence law
The Code of Alabama defines partition fences as fences erected on the line between lands owned by different persons.[1] Three rules follow from that chapter:
- Shared cost on improved land. Partition fences between improved lands are built and repaired at the joint expense of the occupants.[2]
- Joining onto a neighbor's fence costs something. If someone turns your fence into a partition fence by joining onto it or using it that way, the law says they must pay you their proportion of the expense, considering the fence's condition at the time.[2]
- Repair agreements are enforceable. Where neighbors agreed that each would keep up a certain part of a partition fence and one doesn't, the other may make the repair at the first owner's cost.[3] If a storm took the fence down, see storm-damaged fences: insurance and who pays.
If you can't agree on the amount: either neighbor can apply to the district court in the county where the fence is. The court sends three disinterested freeholders, who aren't related to either party, to examine the fence and report what should be paid. If it isn't paid within 10 days of the report, the court issues execution for it.[4]
The practical lesson: a fence on the line is legally a shared thing. If you want a fence that's entirely yours, build it on your side of a surveyed line, and keep the survey. HomeGuide lists surveys at $200 to $1,200.[5]
How close to the property line can I build?
In Anniston and Oxford, placement and height come from city zoning:
Oxford
- Fences may go along a lot line on residential property up to 6 feet high, or 8 feet where the lot line borders a nonresidential district.
- The finished side must face the neighboring property.[6]
- No private permanent fence may be placed in a public right-of-way or easement.[6]
- Where a driveway or alley meets a street, a 10-by-10-foot triangle must stay clear of anything that blocks the view between 2.5 and 8 feet high.[6]
Anniston
The zoning ordinance file posted on the City's Zoning page is dated June 26, 2024 and marked “Draft,” so confirm the current rule with the City before you build. It says:[7]
- Fences may be in any required yard or along the edge of any yard. Along the sides or front edge of a front yard, they're limited to 36 inches.
- In the residential districts, fences forward of the front building line may not be taller than 2.5 feet; elsewhere on the lot they may be up to 8 feet.
- No fence on or over a right-of-way or easement without approval from whoever controls it.
- A fence can't block drainage, collect debris, or block access to meters, utilities or fire hydrants.
- At intersections, nothing between 3.5 and 10 feet high may block a driver's view: 20 feet each way where a driveway or alley meets a street, and 30 feet where two streets meet.
Anniston's zoning questions go to Building & Safety at 256-231-7720, and the City has an interactive zoning map online.[8]
Pool fences
We didn't find a single statewide pool-fence rule for homes in the sources we checked. The cities set it:
- Oxford: residential pools, in-ground or above-ground, must be in the rear yard, at least 10 feet from the nearest lot line, and enclosed by a wall, fence or similar barrier at least four feet high with suitable locks on all gates.[6]
- Anniston: “Swimming Pool” and “Fence/Accessory Structure” are both on the City's list of work that needs a construction permit.[9] Ask Building & Safety what barrier your pool needs when you apply.
Livestock fences
For fences meant to hold stock, the Code of Alabama's livestock chapter sets a lawful fence standard: at least five feet high unless the chapter says otherwise, with rails no more than four inches apart up to every two feet of height, and palings no more than three inches apart.[10]
Before you dig: Alabama 811
Every post hole is digging. Alabama law requires anyone digging to give underground utility owners at least three business days' notice. You do that through Alabama 811 (811, or 800-292-8525 in Alabama), and it's free. The request is good for 14 calendar days, and you'll get a reference number to keep.[11]
Neighborhood rules
Subdivision covenants or an HOA can be stricter than the city. Read your deed restrictions before you pick a height, style or color.
Common questions
Can my neighbor make me pay for half of a fence?
Under Code of Alabama § 35-7-3, partition fences between improved lands are built and repaired at the joint expense of the occupants, and a neighbor who joins onto or uses your fence as a partition fence must pay you a proportion of the cost, considering the fence's condition at the time. If you can't agree, § 35-7-4 lets either party ask the county district court to have three disinterested freeholders set the amount. This is general information, not legal advice.
How close to the property line can I build a fence in Anniston or Oxford?
Both cities allow fences along a lot line, with height limits. Oxford's zoning ordinance allows up to 6 feet along a residential lot line (8 feet where it borders a nonresidential district), with the finished side facing the neighbor. Anniston's posted zoning file allows fences in any required yard or along a yard's edge, with front-yard limits. Neither city allows fences in a right-of-way or easement without approval. Know exactly where the line is before you build.
Do I need a permit for a fence in Anniston?
The City of Anniston lists 'Fence/Accessory Structure' among the work that requires a construction permit, and you can apply through its online GovWell portal or call 256-231-7720.
Do you have to have a fence around your pool in Alabama?
Pool barrier rules are set locally. Oxford's zoning ordinance requires residential pools to be in the rear yard, at least 10 feet from the nearest lot line, and enclosed by a barrier at least 4 feet high with locks on all gates. Anniston lists swimming pools as permit work, so ask its Building & Safety staff what barrier your pool needs.
How high does a fence have to be to hold livestock?
Code of Alabama § 3-4-1 says lawful fences under the livestock chapter must be at least five feet high unless the chapter provides otherwise, with rails no more than four inches apart up to every two feet of height and palings no more than three inches apart.
Sources
- Code of Alabama § 35-7-1, Partition fences defined (accessed Oct 17, 2026)
- Code of Alabama § 35-7-3, Expenses borne proportionately by adjoining owners (accessed Oct 17, 2026)
- Code of Alabama § 35-7-2, Joint owners authorized to make repairs (accessed Oct 17, 2026)
- Code of Alabama § 35-7-4, Amount to be paid when the parties don't agree (accessed Oct 17, 2026)
- HomeGuide, Fence installation cost (national ranges, updated Feb 3, 2026) (accessed Oct 17, 2026)
- City of Oxford, Zoning Ordinance (adopted Sept 26, 2017, as amended) (PDF) (accessed Oct 17, 2026)
- City of Anniston, Zoning Ordinance file posted on the City's Zoning page (dated 6/26/24, marked “Draft”) (PDF) (accessed Oct 17, 2026)
- City of Anniston, Zoning (contacts and interactive zoning map) (accessed Oct 17, 2026)
- City of Anniston, Building Department (permits, GovWell portal) (accessed Oct 17, 2026)
- Code of Alabama § 3-4-1, Lawful fences (livestock chapter) (accessed Oct 17, 2026)
- Alabama Power, Call Before You Dig (Alabama 811) (accessed Oct 17, 2026)