Establishing secure connection…Loading editor…Preparing document…

Neighbor Fence Contract

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

FENCING CONTRACT

THIS FENCING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between having an address at ("Contractor") and having an address at ("Owner").

For valuable consideration the parties hereby agree as follows:

1. SCOPE OF WORK: Fencing is the use of chain link, wrought iron, vinyl or wood materials to construct, erect, alter, or repair all types of fences, corrals, runs, railings, cribs, game court enclosures, guard rails, barriers and gates. Fencing services include locating buried utility lines, cables and pipes in the digging area and determining local zoning requirements, as well as neighborhood or subdivision restrictions for height, type, style and position. Contractor shall provide all necessary fencing labor and materials, and perform all fencing services described above and/or as set forth in the plans and specifications signed by both Owner and Contractor ("Project"). Such plans and specifications are hereby made a part of this Contract and may contain pictures, diagrams or measurements of the work area together with a description of the work to be done, materials to be used, and the equipment to be used or installed.

2. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the plans or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor.

3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials.

4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.

5. SOIL CONDITIONS: Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation, filling or other work required by the Owner other than the usual and customary excavation and grading shall be agreed to in a Change Order for an amount in addition to the Contract Price. Contractor shall not be responsible for any damages suffered by Owner as a result of the soil conditions at the Work Site.

6. INSURANCE: Contractor shall maintain general liability and workers compensation, as well as builder's risk insurance, if applicable.

7. SURVEY AND TITLE: If the Project is near the Owner's property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site.

8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the plans and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost.

9. CONTRACT PRICE:

{COST PLUS}

Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows:

OR

{FIXED FEE}

Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows:

Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.

10. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month.

11. RIGHT TO CURE: Contractor shall have the right to cure a defect before Owner may file any action in court against Contractor. See the “Notice of Potential Claims Must be Provided within One Year" attached hereto and made a part of this Contract.

12. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.

13. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party's written consent. Any such assignment shall be void and of no effect.

14. INTERPRETATION:

(a) Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the plans, and the Contract shall control both. If work is displayed on the plans but not called for in the specifications, or if the work is called for in the specifications but not displayed on the plans, Contractor shall be required to perform the work as though it were called for and displayed in both documents.

(b) Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified by a written agreement signed by both parties.

(c) Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Alaska.

15. ATTORNEYS' FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.

16. PERFORMANCE:

(a) Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant to this Contract provided Contractor shall remain fully responsible for the proper completion of the Project.

(b) All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.

(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.

17. WARRANTY: Contractor's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within one (1) year from the date hereof. All said defects arising after one (1) year and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials.

AGREED:

CONTRACTOR:

Signature

Print Name & Title

Date

License Number

Name and Address of License Holder

OWNER:

Signature

Print Name

Date

NOTICE OF POTENTIAL CLAIMS MUST BE PROVIDED WITHIN ONE YEAR

ALASKA LAW AT AS 09.45.881-09.45.899 CONTAINS IMPORTANT REQUIREMENTS THAT YOU MUST FOLLOW BEFORE YOU MAY FILE A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION, OR REMODELING AGAINST THE DESIGNER, BUILDER OR REMODELER OF YOUR HOME. WITHIN ONE YEAR OF THE DISCOVERY OF A DESIGN, CONSTRUCTION, OR REMODELING DEFECT, BEFORE YOU FILE A COURT ACTION, YOU MUST DELIVER TO THE DESIGNER, BUILDER OR REMODELER A WRITTEN NOTICE OF ANY DESIGN, CONSTRUCTION, OR REMODELING CONDITIONS YOU ALLEGE ARE DEFECTIVE IN ORDER TO PROVIDE YOUR DESIGNER, BUILDER, OR REMODELER WITH THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS.

YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE DESIGNER, BUILDER OR REMODELER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR RIGHT TO FILE A COURT ACTION. ALASKA LAW AT AS 09.45.895 CONTAINS LIMITATIONS TO THE AMOUNT OF DAMAGES THAT MAY BE RECOVERED IN A COURT ACTION FOR DEFECTIVE DESIGN, CONSTRUCTION OR REMODELING.

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Neighbor Fence Contract Is and When It Applies

A Neighbor Fence Contract is a written agreement between adjoining property owners that defines responsibilities for building, repairing, sharing costs, and maintaining a boundary fence. It records parties' names, property descriptions, cost allocation, timeline, materials, access rights, maintenance schedule, and dispute-resolution procedures. Such a contract clarifies expectations, reduces neighbor disputes, and creates an enforceable private contract under state law when signed by authorized owners. It does not change title or property lines; boundary disputes may still require surveyor input or court resolution. Use clear dates, signatures, and supporting exhibits to avoid later ambiguity.

Why a Written Agreement Matters for Shared Fences

A Neighbor Fence Contract reduces disputes, documents cost-sharing and access rights, and creates enforceable obligations when validly executed. It provides clear timelines, maintenance duties, and dispute-resolution terms so neighbors can manage shared assets without recurring disagreements.

Why a Written Agreement Matters for Shared Fences

Who Typically Prepares or Signs This Contract

Typical users who prepare or sign a Neighbor Fence Contract include adjoining homeowners, rental property managers, and small-scale landowners.

  • Adjoining homeowners sharing maintenance and replacement costs for a common boundary fence.
  • Landlords and property managers coordinating fence responsibilities between tenants and neighboring owners.
  • Contractors documenting scope and payment terms when hired to build or repair a shared fence.

The document also suits HOAs or rural neighbors where cost apportionment, access, and long-term maintenance need formal documentation.

Who Can Sign and Represent a Party

Primary Signer

A property owner of record signs most Neighbor Fence Contracts; if the property is held by an entity, an authorized officer or manager must sign and state capacity to bind the entity.

Authorized Agent

A person with a valid durable power of attorney, trustee authority, or corporate resolution may sign on behalf of an owner; retain proof of that authority with the agreement to avoid later challenges.

Essential Sections to Include in the Contract

A complete Neighbor Fence Contract should include clear identification of parties, scope, cost allocation, timeline, maintenance obligations, and dispute mechanisms to minimize ambiguity.

Parties

Identify legal names, mailing addresses, contact details, and precise property descriptions for each owner; specify whether the signatory represents an individual, trust, or business to confirm signing authority.

Scope

Describe fence location with reference to property lines or survey markers; list materials, height, finishes, required clearances, and any landscaping or tree removal required for installation and tolerances.

Costs

Specify total cost, each party's share, invoicing method, payment schedule, retainers, responsibility for permits, and how cost overruns or future repairs will be allocated among parties.

Schedule

Set start and completion dates, permitted weather-related delays, milestones for inspections, notice periods for delays, and liquidated damages or extension procedures if applicable.

Maintenance

Allocate ongoing maintenance duties, frequency of routine care, cost-sharing for routine versus major repairs, who selects contractors, and recordkeeping responsibilities for work performed.

Dispute Resolution

Require negotiation, mediation, or binding arbitration before litigation; specify governing law, venue, timelines for bringing claims, and allocation of attorneys' fees if the case proceeds.

Step-by-Step: From Draft to Implementation

Follow these practical steps to draft, agree, sign, and implement a Neighbor Fence Contract with clear responsibilities and minimal delay.

  • 01
    Draft Agreement: Collect survey and scope, then draft terms with clear cost allocation.
  • 02
    Review with Neighbor: Share draft and confirm scope, cost, and timing.
  • 03
    Sign & Notarize: Execute signatures; notarize if required by state.
  • 04
    File and Retain: Distribute copies; record supporting exhibits; store originals securely.

Configuring an Online Signing Workflow

Set up signer order, authentication, notifications, and storage before sending the Neighbor Fence Contract for signatures.

Field Setting
Notifier Email Add neighbor and contractor emails for automatic notifications.
Signature Order Choose simultaneous or sequential signing.
Authentication Level Email link, SMS code, or knowledge-based authentication.
Storage Location Set cloud folder (PDF/A) and retention policy.

Where to Send and File the Executed Contract

Decide whether to exchange executed originals, record a memorandum, provide HOA copies, or share directly with contractors and insurers.

  • Exchange Copies: Each party keeps an executed original.
  • Record Deed Notice: Record a memorandum at the county recorder's office.
  • HOA Submission: Provide executed agreement to homeowners association records.
  • Contractor Packet: Give signed contract and exhibits to hired contractor.

Digital Signing and File Format Essentials

For digital completion, confirm the eSignature platform supports PDF, DOCX, conditional fields, and a tamper-evident audit trail.

  • File Formats: PDF, DOCX, and fillable formats supported.
  • Integrations: Works with Salesforce, NetSuite, Google Workspace.
  • Authentication: Email link, SMS code, or two-factor.

eSignature Pricing and Feature Comparison

Compare starting prices and core features for common eSignature providers relevant when executing a Neighbor Fence Contract.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Supporting Documents to Include with the Agreement

Survey or Plat: Attach recent survey or reference parcel map
Property Deed: Include deed excerpt showing ownership
IDs: Provide signers' government-issued ID copies
HOA Approval: Attach HOA consent if required
Contractor Estimate: Include written contractor bids or proposals
Photographs: Add photos showing existing fence condition

Common Deadlines and Timing Expectations

Set clear internal deadlines for review, execution, recording, and work start to avoid misunderstandings.

Draft Completion:

Complete initial draft within 7–14 days of agreement to proceed

Neighbor Review:

Allow 7–21 days for review and negotiation

Execution Date:

Sign by agreed execution date to lock obligations

Notarization/Recording:

Notarize and record within 30 days if recording is chosen

Work Start:

Begin construction by the agreed start date, subject to weather or permit delays

Key Contract Milestones

Track these sequential milestones from negotiation to project completion to manage expectations and enforceability.

01

Drafting

Outline scope, costs, and specifications in writing.

02

Review & Consent

Both parties review and negotiate terms until agreement.

03

Execution

Signatures (and notarization if required) finalize the contract.

04

Implementation

Contractor performs work and parties complete final inspection.

Consequences of an Incorrect or Incomplete Agreement

Boundary Dispute: May lead to costly litigation
Unenforceable Terms: Vague clauses can be invalidated
Incorrect Signatory: Signature by unauthorized person risks voiding agreement
Missing Survey: Lack of survey increases dispute risk
Unpaid Obligations: Leads to liens or collection actions
Improper Notarization: May prevent recording or create challenges

Common Preparation Mistakes to Avoid

  • Failing to attach a survey or plat, which leaves the fence location ambiguous and increases the likelihood of boundary disputes.
  • Using vague cost language such as 'split equally' without a clear percentage or dollar amount, causing later disagreement about fair shares.
  • Neglecting to specify maintenance frequency and responsibility, which creates recurring conflicts about who pays for routine and major repairs.
  • Assuming verbal permission suffices; unsigned or oral agreements are difficult to enforce and often lead to protracted neighbor disputes.

Practical Tips for Clear, Enforceable Contracts

Follow these best practices to make the Neighbor Fence Contract precise, durable, and easier to enforce if disputes arise.

Use a Professional Survey
Obtain a current property survey or map and reference survey markers in the contract. Accurate boundary data prevents ambiguity, reduces litigation risk, and helps contractors position the fence correctly, especially when easements or encroachments are possible.
Be Specific About Costs
List total project cost, each party's exact share, payment due dates, and methods. Include how to handle change orders, cost overruns, and late payments to avoid disagreement during construction and repair events.
Define Maintenance and Repairs
Distinguish routine upkeep from major structural repairs, set inspection intervals, and state who selects contractors. This reduces long-term friction and clarifies financial responsibility when the fence ages or sustains storm damage.
Record and Keep Originals
Keep signed originals and consider recording a short memorandum with the county recorder to give public notice. Maintain digital copies with secure retention policies and an audit trail for future enforcement or title searches.

Real-World Situations Where a Fence Contract Helped

Two brief examples show how a Neighbor Fence Contract can prevent disagreement and clarify long-term responsibilities.

Urban Duplex Owners

Two adjacent duplex owners agreed to replace a deteriorating fence and split costs 50/50.

  • The contract specified materials, start date, and payment schedule.
  • After completion, the written terms avoided a dispute when one owner moved and a tenant questioned who paid for subsequent maintenance.

Rural Acreage Neighbors

Neighbors on adjoining acreage negotiated a split for a 1,000-foot fence to contain livestock.

  • The agreement included survey references, grazing access rights, and seasonal maintenance duties.
  • Clear cost allocation and contractor selection procedures prevented a long-running conflict over repair timing and expense.

Frequently Asked Questions About Neighbor Fence Contracts

Answers to common questions about e-signatures, notarization, recording, and what to do when neighbors disagree.


Need help? Contact support

Explore Templates

California Notice and Acknowledgment of Receipt California Family Law California Domestic Partnership Agreement California Declaration California Declaration Regarding Service of Declaration of Disclosure California Schedule of Assets and Debts
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.