Is a Survey Required Before Building a Fence in Louisiana?
No. Louisiana does not require a land survey before fence construction as a matter of state law. There is no statewide permit process or mandatory survey requirement that applies to residential fence projects across the state. But the absence of a legal requirement does not mean building without a survey is a good idea, and in Louisiana, the legal consequences of getting it wrong are worth understanding.
Louisiana Has No Statewide Fence Statute
Many U.S. states have fence line statutes rooted in common law that govern obligations between neighbors regarding fences, cost sharing, and boundary determination. Louisiana does not. Property boundaries and neighbor relations in Louisiana are governed by the Louisiana Civil Code, specifically Articles 784 through 806, which address boundary fixing, encroachments, and related issues between adjacent property owners.
This distinction matters because common law fence line rules, like the idea that a fence in place for 20 years becomes the legal boundary, do not apply in Louisiana. Louisiana Civil Code rules are different. A fence built in the wrong place does not automatically become the legal boundary through the passage of time the way it might in a common law state. The true boundary remains where the law and the deed say it is.
What the Louisiana Civil Code Says About Boundaries
Louisiana Civil Code Art. 784 gives every property owner the right to compel their neighbor to fix the boundary between their properties. That process, called a boundary action, results in a formal legal determination of where the line sits. It can be done by agreement between the parties, documented by a licensed surveyor, or by court judgment if the parties cannot agree.
Art. 785 specifies that the costs of a boundary action are shared equally between the neighbors unless one party caused the dispute by acting in bad faith. That means if you build a fence in the wrong place and your neighbor initiates a boundary action to fix the line, you could end up paying half the cost of the survey and legal process, plus the cost of moving your fence.
Encroachment Under Louisiana CC Art. 670
If a fence is built on a neighbor's land, Louisiana Civil Code Art. 670 applies. This article addresses constructions that encroach on a neighbor's property. The neighbor whose land has been encroached upon can demand removal of the encroaching structure. A court may weigh the cost and inconvenience of removal against the harm caused by the encroachment, but it can also order removal at the encroaching party's expense.
In practical terms: if you build a fence three feet over your neighbor's property line, your neighbor can demand you move it. If they have to go to court to make that happen, you will likely bear the cost of moving the fence and potentially the legal fees as well. A boundary survey costs $400 to $800 for most residential lots. Removing and rebuilding a fence costs considerably more.
Setback Rules in Louisiana Cities and Parishes
Even if you know exactly where your property line is, local zoning ordinances in Louisiana cities and parishes often impose setback requirements that prevent you from building directly on the property line. These rules vary by jurisdiction and by where on the property the fence will be located (front yard, side yard, rear yard).
- New Orleans (Orleans Parish): The City of New Orleans Comprehensive Zoning Ordinance sets fence height limits and in some zones requires setbacks from the street or property line. Corner lots have specific rules about sight-line clearances.
- Baton Rouge (East Baton Rouge Parish): The Unified Development Code governs fence placement and height in residential zones, with different rules for front, side, and rear yards.
- Metairie and Jefferson Parish: Jefferson Parish zoning regulations specify fence heights by zone and lot position.
- Shreveport (Caddo Parish): Caddo and the City of Shreveport have separate zoning rules that apply depending on the location of the property.
Before building, check the zoning rules for your specific address. In most Louisiana jurisdictions, you can look up the applicable zoning district and its fence rules through the parish or city planning office.
When You Should Get a Survey Before Building a Fence
A survey is not required by law, but it is the right call in several situations.
- You are not certain where your property line is. If you do not have an existing survey or clear corner markers, do not guess. The cost of a survey is modest compared to the cost of a boundary action or fence relocation.
- There is a history of disagreement with a neighbor about the line. A formal survey creates a documented record. If the dispute escalates, that record matters.
- The property has arpent-based deed descriptions. Historic French land measurements are less intuitive to reconstruct without professional research. Properties in river parishes with long-lot patterns may look straightforward on a map but have deed descriptions that require a licensed PLS to interpret correctly.
- You are building near a property line in a dense urban area. In New Orleans, Metairie, or Baton Rouge, lots are small and inches matter. A fence six inches over the line is still an encroachment.
What a Survey Gives You
A boundary survey by a licensed PLS establishes the legal corners of your property, sets physical markers in the ground, and produces a signed and sealed plat showing the boundary dimensions and any encroachments. That document is your defense if a neighbor later claims the fence is in the wrong place. It is also useful if you ever sell the property, since title companies and lenders in Louisiana frequently request surveys.
Find a Surveyor in Louisiana
If you are planning a fence project and want to be certain about your property line before you build, our Louisiana surveyor directory lists licensed professionals by parish, sourced from LAPELS records. A boundary survey from a local licensed PLS gives you a clear answer before the first post goes in the ground.