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In most states, it is a legal requirement to have a fence around your pool to protect both swimmers and pool owners. These laws can vary by state, city, and county, so you must research the specific regulations in your area before installation. The rules may also differ for inground versus above-ground pools, with inground pools typically requiring a full fence. Additionally, most homeowners' insurance providers will require a fence around a residential pool before providing coverage. As a general rule, it's always best to have a fence for everyone's safety.

If the fence is on one neighbor’s property, that person is responsible for repairs, regardless of who benefits from the fence more. The other neighbor must keep trees and other obstacles from crossing the property line and affecting the fence. If the fence is directly on the property line, though, who owns a shared fence? Many states have laws that address this issue. Typically, the two property owners would share responsibilities and costs for fence maintenance and repair. You may need a property line survey to precisely determine ownership and responsibility.

Most people prefer to keep the fence level by “stepping” the fence when running a horizontal fence over a slope. Stepping involves raising each panel between the posts as the fence moves over changes in slope, giving the fence line the appearance of stair steps. While this may be the preferred method of running a horizontal fence up a slope, there’s nothing wrong with installing your fence so it follows the undulations in the ground instead.

You can use pressure-treated wood for a horizontal fence, but you’ll need to purchase a thicker and higher-quality variety to ensure it doesn’t sag or warp after you install it. Use #2 pine grade lumber and boards and thicker dimensional lumber, such as a two-by-six. You’ll also need to use stainless steel or hot-dipped galvanized fasteners, as the chemicals in the treated lumber will cause regular galvanized fasteners to rust.