What Is the 7-Year Fence Law in Northwest Arkansas?

One of the most common questions we get when someone calls about a boundary fence in Northwest Arkansas is some version of: "My neighbor put a fence up years ago — is that fence line now the legal property line?" The short answer is: it might be, and that's exactly what makes this worth understanding before you build anything near a property line.

Arkansas has a legal doctrine — often referred to informally as the "7-year fence law" — rooted in the state's adverse possession statutes and the concept of "acquiescence." Here's what contractors and homeowners in NWA need to know.

The Legal Background: Adverse Possession and Acquiescence

Arkansas Code § 18-11-101 and related statutes govern adverse possession — the legal mechanism by which someone can gain ownership of land they don't hold title to, through continuous, open, and hostile use of that land over a statutory period.

The standard adverse possession period in Arkansas is 7 years for land under color of title (meaning the claimant has some document — even a defective deed — claiming ownership) or up to 15 years without color of title. The "7-year fence law" most people refer to typically involves a specific form of this doctrine: boundary by acquiescence.

What Is Boundary by Acquiescence?

Boundary by acquiescence occurs when two neighboring landowners treat a fence or other physical marker as the property boundary, even if it doesn't match the legal survey, for a long enough period of time. Arkansas courts have recognized that if both parties act as if a fence line is the true property line — mowing up to it, maintaining their side of it, not disputing it — that fence line can become legally recognized as the boundary.

This is different from adverse possession in one key way: it doesn't require "hostile" use. The parties simply need to have mutually accepted the fence as the boundary.

How This Affects Fence Projects in NWA

In Thomas Fence's experience, boundary questions come up most frequently in a few specific situations:

Replacing an Old Fence

When a customer wants to replace an old fence along their property line, we always ask: was the existing fence exactly on the survey line? Many aren't. Fences drift over time, or were installed in a slightly wrong location to begin with. If the old fence has been treated as the boundary for years, simply moving the new fence to the "correct" survey line could cause a dispute with the neighbor.

The right approach: before replacing a fence near a property line, have a survey done. Then have a conversation with your neighbor. If the neighbor agrees to the new location, get it in writing. That written agreement is far easier than a later dispute.

New Construction on a Subdivided Lot

In older NWA neighborhoods, some properties have been subdivided, sold, and resold multiple times. The fence you're looking at may have been installed by an owner three transactions back and doesn't reflect the current survey. Never assume an existing fence is on the property line without verifying.

Neighbors Building Without Your Agreement

If your neighbor installs a fence in the wrong location — say, two feet inside your property line — and you do nothing about it for years, you may have a harder time later claiming that strip of land back. Silence and inaction can function as acquiescence under Arkansas law.

If a neighbor installs fencing that you believe encroaches on your property, the time to address it is immediately — not years later.

Permits and Property Lines: What Thomas Fence Does

Thomas Fence is a licensed contractor — Arkansas License No. 015501, held since 2005. When customers ask us to install a fence along a property boundary, we follow their direction on fence placement. We are not surveyors and do not certify property lines.

Our standard recommendation: if you're building a fence close to a property line — especially one that will be shared with a neighbor or that replaces an existing fence — have a survey done first. A registered land surveyor can stake the line, and that documentation protects you if questions come up later.

For fence permits in Springdale and other NWA cities, permit applications typically require a site plan showing fence location. Having a survey makes that process significantly easier and eliminates disputes with the municipality over setback compliance.

What to Do Before Building Near a Boundary

1. Get a survey. Don't assume you know where your line is. Even a "plat" from the county assessor is not a survey.
2. Talk to your neighbor. Before any posts go in the ground near a shared line, let them know. It's easier than a dispute after the fact.
3. Check the permit requirements. Most NWA cities require permits for permanent fencing. The permit application asks for setback distances from the property line.
4. Document everything. If you and your neighbor agree to a specific fence location, put it in writing. A simple signed statement goes a long way.
5. Act on encroachments quickly. If someone builds on what you believe is your land, address it promptly — don't let years pass and create an acquiescence argument.

If you have questions about a specific fence project in Springdale, Bentonville, Rogers, Fayetteville, or anywhere else in Northwest Arkansas, reach out to Thomas Fence. We're happy to talk through what we've seen on similar projects and give you an honest picture of what to expect.