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Before the first post goes in

Almost every fence fight starts before the fence is built. The line was a guess, the HOA never saw the plan, or nobody asked the neighbor. All of that is cheap to fix on paper and expensive to fix with concrete.

Updated October 28, 2026 ยท Sources listed at the end

A white picket fence in front of green shrubs
A white picket front fence. Front yards usually top out at 4 feet. Photo: Lawrence Chismorie / Unsplash
On this page
  1. 1. Find your survey
  2. 2. Look for easements
  3. 3. Get HOA approval in writing
  4. 4. Ask about the permit
  5. 5. Call 811
  6. 6. Tell the neighbors
  7. 7. Two fences side by side

1. Find your survey

Most people got a boundary survey when they bought the house. It shows the property lines and any easements. Give a copy to the fence company. If you don't have one, the title company or the closing attorney may. An old fence is not a survey; it may be a foot off and has been for thirty years.

2. Look for easements

Utility and drainage easements are common along back lot lines in the suburbs. A fence can often go in one, but whoever holds the easement may be able to take it down to get to their pipes or lines, and you pay to put it back. Jacksonville Beach's guide notes that a fence outside your own property line or in some easements may need separate approval from Public Works.

3. Get HOA approval in writing

Under section 720.3035 of the Florida Statutes, an HOA's architectural review power reaches only as far as the community's recorded documents state or reasonably imply. Many newer communities around Jacksonville do have those rules in their recorded documents, and they can cover height, material, color and how far forward the fence may run. Submit the plan, wait for the written approval, and hand a copy to the fence company.

4. Ask about the permit

Who issues it depends on where you live. Jacksonville fence rules.

5. Call 811

Sunshine 811 asks you to notify it at least two full business days before you dig. Business days exclude weekends and state and national holidays. The locate marks show where buried lines are, so the post holes miss them. Usually the fence company places the request. Make sure someone did before the auger shows up.

6. Tell the neighbors

Not required, and still the best money you will never spend. A neighbor who knows the plan is less likely to call code enforcement, and may even split the cost of a shared side.

Shared fences come up again and again in Jacksonville fence threads on Reddit. The usual versions: a neighbor wants to replace a fence that sits on the line when the other owner thinks it is fine, or a neighbor wants to hang a gate off a fence that is not theirs. Both get easier with the survey on the table. If the fence is on your side of the line, it is your fence. If it sits on the line, neither of you should change it without the other agreeing, preferably in writing.

7. Two fences side by side

If the neighbor already has a fence along the line, a second fence just inside yours leaves a narrow strip nobody can mow. Some companies will build it and some will tell you there is a rule against it. If you hear about a rule, ask which code section it is and check it with the permit office. Don't take either answer on faith.

Questions Jacksonville homeowners ask

How long before digging do I call 811 in Florida?

Sunshine 811 asks for at least two full business days of notice before you dig. Weekends and state and national holidays don't count.

Do I need a new survey for a fence?

Not usually. A survey from closing works if the lot hasn't changed. If there's no survey or the lines are in dispute, a new one is cheaper than moving a fence.

My neighbor wants to replace the fence on our shared line. Do I have to agree?

Start with the survey. If the fence is on your land, it is yours, and a neighbor can build their own fence on their side. If it sits on the line, it is shared, and changes should be agreed in writing. A real dispute is a question for a real estate attorney, not a fence company.

Can my HOA make me remove a fence?

If the fence breaks rules that are in your community's recorded documents, the association can usually enforce them. That's why approval in writing comes first.

Sources

  1. Sunshine 811: When Can I Dig?
  2. Florida Statutes, Section 720.3035: architectural control covenants in homeowners' associations (2026)
  3. City of Jacksonville Beach: Fence Permitting Guide and Fence Permit Application (FBC 7th Edition, 2020)
  4. City of Jacksonville Ordinance 2013-802-E, amending Zoning Code Section 656.402 fence heights (enacted January 28, 2014)