Arkansas Fence Law: The Short Answer
Arkansas does not require a property survey before building a fence. No state law mandates it. But “not required” and “not important” are very different things. Building a fence without knowing your exact boundary creates real legal exposure, and the cost of fixing a fence that crosses a property line is almost always greater than the cost of a pre-installation survey.
What Arkansas Law Says About Fences
Arkansas has no general urban fence law requiring surveys. The relevant statute for most property owners is Arkansas Code § 18-60-111, which covers encroachments and boundary line disputes. Under this statute, if a structure, including a fence, encroaches on an adjoining property, the property owner whose land was encroached upon may seek removal and damages.
For agricultural and rural fencing, Arkansas law addresses landowner rights and obligations in the context of livestock containment, but these provisions do not require surveys either. The baseline principle in Arkansas is that neighbors can build fences, but those fences must stay on their own land.
Why Surveys Protect You Before Building
Your Deed Does Not Mark Your Line
A deed describes your boundary in words, typically using the PLSS system (township, range, section) or metes and bounds measurements. That description tells a Licensed Land Surveyor where to look. It does not physically mark your property line on the ground. Without a survey, you are estimating where your line falls, and estimates are frequently wrong, sometimes by several feet in older neighborhoods where original monuments have been disturbed.
GIS Maps Are Not Legally Binding
Online parcel maps, county GIS viewers, and assessor maps show approximate parcel shapes based on deed records. They are useful planning tools but are explicitly not legal surveys and cannot be relied upon to place a fence. These maps typically carry a disclaimer that they are not survey-grade and should not be used to establish property boundaries.
The Cost Comparison
A pre-fence boundary survey in Arkansas typically costs $400 to $900. Removing and reinstalling a fence that was placed on the wrong side of a line can cost $2,000 to $10,000 or more depending on fence length, material, and whether litigation is involved. The math strongly favors a survey first.
When a Survey Is Essentially Required
While Arkansas does not mandate surveys for fence construction, practical circumstances often make one necessary:
- Your neighbor disputes where the boundary is located
- The existing fence or boundary markers look wrong relative to what neighbors or records suggest
- You are building a fence along a rear or side line that borders multiple properties
- There has been a recent lot split or subdivision of the adjoining parcel
- Your property has a complicated deed history or irregular shape
Boundary Line Agreements
Arkansas allows neighboring landowners to agree on a boundary line that differs slightly from where a survey might place it. This boundary line agreement must be in writing and recorded with the circuit court clerk to bind future owners. This is occasionally used when two neighbors want to split the difference rather than pay for a full survey. However, it is only advisable when both parties are confident the discrepancy is minor and the agreed line matches the approximate boundary shown in deeds.
Find a Licensed Land Surveyor near you before you break ground on your fence at our Arkansas directory.