The upkeep of common fences separating two private properties should be the responsibility of both property owners. However, in many cases, one of the property owners cannot or will not share in the financial or physical responsibility for the project. In cases such as this, it would become a civil matter between the respective property owners, and they would have to pursue this matter without Town involvement in the dispute.
The Town requires a barrier fence if there is a swimming pool, hot tub, or spa present, in which case the property owner with the swimming pool, hot tub, or spa is responsible for the repair or replacement of the fence. Where these amenities are not present, the Town does not require a fence, but one may be required by the covenants of the homeowner's association.