08/24/2026
This Monday morning coffee talk is brought to you by Kanuchi Brews and bubbles and Tristate Insurance of Grove! If you need coffee or insurance, make sure to give them a call. Take a moment to read fences and insurance!
Fences are one of those things most homeowners never think much about… until one breaks, needs replaced, or a neighbor’s tree comes crashing through it.
So, who owns the fence? Who repairs it? And whose insurance pays?
Here are a few things Oklahoma homeowners should know:
🔨 WHOSE FENCE IS IT?
First, find out where the fence actually sits. A fence is not automatically the property line just because everyone has treated it that way.
If it sits entirely on one owner’s property, it may belong to that property owner. If it is a true boundary or partition fence between adjoining properties, Oklahoma law generally provides that adjoining owners are equally responsible for maintaining the fence between them, unless another agreement applies. (Oklahoma Senate)
And no, the direction the “pretty side” faces does not magically determine who owns it.
WHAT IF MY NEIGHBOR’S TREE FALLS ON MY FENCE?
If a healthy neighbor’s tree comes down during an Oklahoma storm and lands on your fence, their insurance does not automatically have to pay for your damage.
Generally, you contact your own homeowners insurance company for damage occurring to your property. The Oklahoma Insurance Department specifically says this applies when a neighbor’s tree damages structures such as your house, garage, or fence.
BUT WHAT IF THE TREE WAS DEAD OR DANGEROUS? That can change things. If the neighbor knew or reasonably should have known the tree was hazardous and failed to address it, negligence may come into play. Your insurance company could potentially pursue the neighbor or their insurance company for reimbursement.
This is one reason it can be smart to document concerns in writing if a neighboring tree is obviously dead, damaged, or dangerous.
WHAT IF INSURANCE DOESN’T COVER IT?
You may be responsible for the repair yourself, especially if:
• The damage is below your deductible
• Your particular policy excludes the loss
• There is no evidence the neighbor was negligent
• The fence or damage isn’t covered under your policy
Every policy is different, so check with your insurance agent before assuming something is or isn’t covered.
Get a survey.
A fence can be several feet away from the actual legal property line, and “that’s where it’s always been” doesn’t necessarily tell you the whole story.
Good fences may make good neighbors… but good surveys, good insurance and good communication make even better ones.
General Oklahoma homeowner information only. Specific situations can depend on the survey, deed, local ordinances, HOA rules, insurance policy and individual facts.
