Introduction
If you’ve ever heard someone mention the “7-year fence law” in Washington State, you’re not alone. It’s a phrase that gets tossed around in neighborhood disputes, online forums, and even during fence installations. But here’s the truth—there is no law by that exact name. What people are usually referring to is a legal concept called adverse possession. And while fences can play a role in these cases, simply having one in place for seven years doesn’t automatically grant you ownership of your neighbor’s land. At Inline Security Fence, we believe it’s critical for Washington homeowners to understand how property boundaries, fences, and state law intersect—because that knowledge can save you time, money, and potential legal headaches.
The Truth About the “7-Year Fence Law”
Let’s clear up the confusion right away: Washington State does not have a law that transfers land ownership simply because a fence has stood for seven years. The term is often a misinterpretation of Washington’s adverse possession laws, which do allow someone to claim ownership of land under certain strict conditions. But a fence—no matter how long it’s been there—is not enough on its own. The law is nuanced and centers on how the land has been used, not just that a structure like a fence exists.
Understanding Adverse Possession in Washington State
What is Adverse Possession?
Adverse possession is a legal doctrine that allows someone to acquire legal ownership of land they’ve been using—even if they’re not the title holder. It sounds extreme, but it’s rooted in the idea that property rights shouldn’t sit dormant forever. If someone occupies land openly and consistently, and the rightful owner doesn’t intervene for a set amount of time, the law may eventually recognize the possessor’s claim.
Legal Requirements Under Washington State Law
For an adverse possession claim to succeed in Washington, the use of the property must be:
- Actual: The person must physically use the land, such as mowing, gardening, or fencing it.
- Open and Notorious: The use must be visible and obvious—not hidden or secret.
- Exclusive: The possessor must be the only one using it—not sharing it with the legal owner or the public.
- Hostile: Not in the aggressive sense, but meaning without the owner’s permission.
- Continuous: The use must go on without interruption for the statutory period.
The 10-Year Rule vs. The 7-Year Exception
The standard time requirement for adverse possession in Washington is 10 years. However, this can be reduced to 7 years if two specific conditions are met:
- The person has color of title, meaning a document that appears to give them ownership, even if it’s legally flawed.
- They have paid all property taxes on the disputed land for at least seven consecutive years.
It’s not easy to meet both of these criteria, which is why the 7-year version of the law is less common but often misunderstood.
Can a Fence Lead to Adverse Possession?
Role of a Fence in Boundary Disputes
A fence can be a powerful piece of evidence in an adverse possession claim. If it visibly encloses land that one party has treated as their own—especially for many years—it may support the idea that the use was open and notorious. In some cases, a fence that crosses over a boundary line by even a few feet can become the flashpoint for an ownership battle.
Why a Fence Alone is Not Enough
That said, a fence doesn’t automatically tick all the boxes for adverse possession. If your neighbor allowed you to build that fence, the use isn’t considered hostile. If you haven’t paid property taxes on the land, the 7-year rule won’t apply. And if your use of the land wasn’t exclusive or continuous, your claim will likely fail. Each case is highly fact-specific, and success usually requires legal action to quiet title.
Case Study: Boundary Fence Gone Wrong
Imagine a homeowner builds a fence that unknowingly extends two feet onto their neighbor’s lot. Seven years pass, and the neighbor never says a word. Then, one day, the property is sold, and the new owner insists the fence be moved. This situation could spiral into a legal dispute—especially if the current fence owner mistakenly believes they now own the land based on the “7-year fence law.” Without meeting all the requirements of adverse possession, their belief won’t hold up in court.
Protecting Your Property Lines
How to Prevent Adverse Possession Claims
As a property owner, you have every right—and responsibility—to protect your boundary lines. That means:
- Conducting a professional land survey when purchasing or modifying property
- Regularly inspecting fences and other boundary markers
- Addressing encroachments early before they develop into legal issues
- Maintaining records of communications and agreements with neighbors
Fence Placement Best Practices
When you hire Inline Security Fence, we don’t just install fences—we install peace of mind. We verify property lines before we dig, and we coordinate with surveyors or your title company when needed. Placing a fence even a few inches over the line can have long-term consequences, so it pays to do it right the first time.
What to Do if You Suspect Encroachment
If you believe a neighbor’s fence is over your property line:
- Don’t ignore it—timing matters in these situations.
- Consult your property survey or hire a new one.
- Communicate with your neighbor in writing.
- If unresolved, consult a real estate attorney.
- Let professionals like Inline remove or rebuild the fence correctly if needed.
Washington Fence Laws Every Homeowner Should Know
Shared Fences and Cost Responsibilities
Under Washington law (RCW 16.60.020), neighbors who benefit from a shared boundary fence may be equally responsible for its maintenance or replacement. However, this typically applies only when both parties have agreed to the fence or actively use it. Without agreement, one party isn’t automatically liable.
Permit Requirements and Local Ordinances
Cities and counties in Washington often have specific fencing codes regarding height, materials, and distance from sidewalks or alleys. Always check with your local planning department before building. Inline Security Fence handles permitting for many municipalities in our service area, removing guesswork and red tape for homeowners.
Dealing with Disputes
When fences cause conflict, resolution can range from friendly compromise to full-scale litigation. Mediation is often the most cost-effective first step. If that fails, a quiet title action may be necessary to resolve boundary ownership in court.
Why Professional Fence Installation Matters
Avoiding Legal Headaches
Professionally installed fences don’t just look better—they’re smarter. A contractor like Inline Security Fence understands setback regulations, HOA requirements, and municipal codes. We build with both aesthetics and legality in mind, helping you avoid costly mistakes.
Durable Fencing Solutions Built to Code
From classic cedar privacy fences to modern aluminum security barriers, we offer customized solutions that respect your boundary lines. We proudly serve homeowners across Snohomish and King counties, delivering fences built to last and built to spec.
Frequently Asked Questions
Does having a fence for 7 years give me ownership of land in Washington?
No. Simply having a fence in place for 7 years does not meet the legal requirements for adverse possession. You would need to meet multiple criteria, including continuous and exclusive use, and potentially pay property taxes.
What is “color of title” and how does it affect the 7-year rule?
Color of title refers to a document that appears to give you ownership—like a faulty deed—but is legally defective. If you have color of title and pay property taxes for 7 years, you may qualify for a shortened adverse possession claim in Washington.
Can I move a fence if it’s built over my property line?
Yes, but it’s best to consult a surveyor and possibly an attorney before doing so. If a neighbor built the fence, and it’s been there a long time, they may believe they have rights to that land. Get the facts before taking action.
What type of evidence is needed for an adverse possession claim?
Evidence might include photos, witness testimony, maintenance records, tax payment history, and documentation of how the land was used.
Who pays for a shared fence in Washington State?
If both neighbors agree to the fence or use it equally, costs are typically split. Without agreement, one neighbor can choose to pay alone, but can’t always compel reimbursement unless legally mandated.
Final Thoughts
The so-called “7-year fence law” in Washington State is more myth than reality—but adverse possession is very real, and property lines matter. Whether you’re building a new fence, replacing an old one, or settling a boundary concern, it pays to do it by the book. At Inline Security Fence, we’re here to help you navigate property lines with confidence.
Protect Your Property with Precision
Don’t let a poorly placed fence become a future legal battle. Trust Inline Security Fence for accurate, code-compliant installations that respect your boundaries. Contact us today for a site consultation, or explore our Residential Fencing Services and FAQ Page to learn more. Ready to build with confidence? Get in touch here.
