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Bub

Number of posts: 206 Registration date: 2007-12-15
 | Subject: Problems with fences Wed Nov 04, 2009 3:31 pm | |
| Has anyone had a problem with their neighbors fence? How did you resolve the problem? Our neighbor, whose house is about 15 feet from ours, installed a 6 foot cedar privacy fence in the side yard between our houses and a 4 foot decorative fence in the front yard. Unfortunately, she has a permit from the town and everything appears to be done by code. The fence blocks one window that directly faces her house, which is OK with us. Unfortunately it also blocks two other windows that are not OK. Our neighbor is also a recluse who doesn't answer the door and has an unlisted number. The only thought I have is to survey the property line an hope that the fence is on our property. Does any one have other ideas? Thanks, Bub |
|  | | kilted1 Great Scot!

Number of posts: 3284 Age: 48 Location: North Georgia, USA Tobacco: GLP Haddo's Delight, SG 1792, Condor Original Long Cut Pipe: Ardor, Viprati, L'anatra Registration date: 2009-01-12
 | Subject: Re: Problems with fences Wed Nov 04, 2009 6:02 pm | |
| Find an entomologist who might enjoy doing termite studies  _________________ I'm a jaded old Iso-Con, get over it!
"Gather me balme and cooling violets, And of our holy herb nicotian, And bring withall pure honey from the hive, To heale the wound of my unhappy hand." Henry Buttes
“A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned this is the sum of good government.” – Thomas Jefferson
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|  | | Bub

Number of posts: 206 Registration date: 2007-12-15
 | Subject: Re: Problems with fences Wed Nov 04, 2009 6:11 pm | |
| Since our neighbor is a nut, I am actually looking for a hungry squirrel |
|  | | LL
Number of posts: 792 Location: Bowman, ND Registration date: 2007-12-29
 | Subject: Re: Problems with fences Wed Nov 04, 2009 6:31 pm | |
| If there's a boundary line issue, don't let it ride. Get it measured and take action as soon as you can (if you are in the right) or you could literally lose a chunk of your yard: http://en.wikipedia.org/wiki/Adverse_possession |
|  | | ftrplt

Number of posts: 1155 Age: 63 Location: Split between Raleigh, NC and OKC, OK Registration date: 2007-12-16
 | Subject: Re: Problems with fences Wed Nov 04, 2009 9:30 pm | |
| What is it about the other two windows being blocked (assuming view here) that is not OK? This could/may have some bearing on whether you have a justifiable "beef" or not. FTRPLT |
|  | | Al in Canada

Number of posts: 160 Age: 64 Location: Blenheim, Ontario Tobacco: SG Balkan Blend; Solani 369; Rattray's Highland Targe; McR's Roll Cake; McB's Plum Cake, and I am still hunting. Pipe: Favourite pipe? Oh my, is it my Karl Erik Egg, or ,maybe my one dot Saseni, no, maybe one of the DHs, or my XL Peterson, oh I can't choose. Thank goodness i don't have to choose just one. Registration date: 2009-04-20
 | Subject: Re: Problems with fences Wed Nov 04, 2009 11:37 pm | |
| "Fence law" is one of the most complex areas of real estate and property law, and goes way back. People have been fighting over fences since they started building them, which covers a lot of time. Where i live the fence has to be inside, not on the property line, the "ugly" side has to face in, not out, in residential areas where there is a shared property line, the sharing neighbor may have to pay for a portion of the common fence, even if they do not want a fence (!). Fences have to conform to relevant by-laws as to height, materials, etc. Fences are not to built so that they prevent the "quiet enjoyment" of your property, i.e. I can't get in a snit and build a 20 foot high fence so that you can't get any sunlight, etc. So you need to find out whether the fence is appropriately located, made correctly, and in all ways conforms to the applicable laws. Most areas have some sort of local authority for fence disputes and it may have an arcane name like "fence viewer" or it may be just be the jumbled in with the "by-law enforcement" dept. you probably need to check also with a lawyer familiar with your area and the by=laws, which can be tricky, since the laws in the town are not necessarily the same as the adjacent town, and neither apply to the county. (fun eh?) If you can it is better to work something out with resorting to going to court, and definitely cheaper. Maybe you should try writing her, it may be that she is just scared, and given what is on the "news" she feels threatened and this is a security fence. Six feet sounds fairly reasonable in my experience on fences. You aren't given to prowling around the house in your "altogether" with the curtains open, or anything else that might have prompted her building spree? (not an accusation, just a query) Recent new story a woman laid charges for indecent exposure on a fellow who was making his morning coffee in the nude, not knowing he could be seen from outside the house. Well NOW he KNOWS. Good luck and hope you find a reasonable and acceptable solution. Al (in Canada) |
|  | | HistoryMajor

Number of posts: 551 Age: 20 Location: Alberta, Canada Pipe: Blatter Slight Bent Smooth Registration date: 2009-01-11
 | Subject: Re: Problems with fences Thu Nov 05, 2009 1:04 pm | |
| Yeah, it's friggen complex, best of luck sorting it out. I think checking with a lawyer to see if there's anything you actually can do is probably the best bet...of course, consulting a lawyer costs money. But perhaps you know someone, or have a friend who knows someone who can inquire on your behalf. Even if you know someone in law/bylaw enforcement that could help you out. From what I know, neighbours are asshats generally when it comes to dialogue regarding fences. I know people that have tried to get payment for a jointly built fence for years and haven't succeeded. Maybe if this person is a recluse, they won't notice the chunk you cut out of their fence!  _________________ Events of the past, if not forgotten, are teachings about the future - Sima Qian
If liberty means anything at all, it is the freedom to say things that people do not want to hear -George Orwell
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|  | | DoverPipes

Number of posts: 155 Age: 41 Location: New York State Tobacco: Key Largo, Nightcap, Beacon, Most of Boswell's Stuff, etc. Pipe: L'anatra, Jobey Stromboli Line, Stanwell & Nording.
Wish list: ARDOR, Boswell, & DEJARNETT / XL's
Poker & Cherrywoods are "MY" thing right now. 90 pipes and counting.... Registration date: 2009-05-24
 | Subject: Re: Problems with fences Thu Nov 05, 2009 6:10 pm | |
| Simple solution.......... BANGALORE TORPEDO!!!!!!!!!!!  |
|  | | Anthony

Number of posts: 101 Age: 24 Location: Baghdad, Iraq Tobacco: Currently: Penzance, Nightcap, University Flake, and on a fun note, Lane's Very Cherry. Pipe: Currently: Peterson's Captain Pete Bulldog Smooth Registration date: 2009-11-02
 | Subject: Re: Problems with fences Thu Nov 05, 2009 7:20 pm | |
| Still ultra confused as to what it is about the two windows being blocked that is not okay... Are you trying to peek in on the neighbor? O_o? Total newbie to fence laws/enforcement, but in all honesty, it seems like a silly thing to fret about in the long run. Much more important things to bicker over. _________________ People who should be shot: Fascist thugs, religious fundamentalists, people who write lists telling you who should be shot.
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|  | | Al in Canada

Number of posts: 160 Age: 64 Location: Blenheim, Ontario Tobacco: SG Balkan Blend; Solani 369; Rattray's Highland Targe; McR's Roll Cake; McB's Plum Cake, and I am still hunting. Pipe: Favourite pipe? Oh my, is it my Karl Erik Egg, or ,maybe my one dot Saseni, no, maybe one of the DHs, or my XL Peterson, oh I can't choose. Thank goodness i don't have to choose just one. Registration date: 2009-04-20
 | Subject: Re: Problems with fences Thu Nov 05, 2009 10:23 pm | |
| Meant to say and didn't, there is a big difference in having the permit to build a fence and building a legal fence. Check now, see the by-law office, check with a lawyer, whatever. Some acts when unchallenged move from unacceptable to legal just with the passage of time. Many fences are "designed" by a local handyman, and they are told what is wanted and build it, or build what they are used to building, and because of the varying laws and ordinances in municipalities they may not be legal. I mentioned the "ugly side in" rule, which is common in many areas, basically meaning the posts on a wooden fence should be facing the owners property, on the assumption that they can do repairs without trespassing on the adjacent property. An amazing number of "illegal" fences are constructed the other way around, because the owner didn't want to see the "ugly" side. MOst jurisdictions give a "reasonable" length of time to make objections, but the definition of the "reasonable" time period can vary dramatically, it can be short like 60 days or long like five years. You must register your objection within whatever time frame applies to your area or you lose, even if the fence is non-conforming. In some areas if the fence is built ugly side out (i.s\e. facing your property, and you do the upkeep, and the mowing, etc. then after a stated period of time the fence becomes yours, and so may the property so defined!  So if the fence is supposed to have a setback of a foot from the property line, and through a provable usage, you maintained the fence, and its property, by mowing, painting, etc. You might be able to claim the "new" property line which would expand your property !! Silence is translated into concurrence generally in these types of disputes. |
|  | | Bub

Number of posts: 206 Registration date: 2007-12-15
 | Subject: Re: Problems with fences Fri Nov 06, 2009 6:05 am | |
| Thanks for all of your helpful comments. Her fence is about 6-7 feet from our house so we can still see out the windows. However, the front of our house is curved so her fence obscures the open view that we had. We had contacted the company that surveyed the house when we bought it. We hadn't decided to have the fence line surveyed, but they came out anyway. When I came home they had identified the four corners of our property. Unfortunately, it looked like the fence was on her side. We are trying to work with her and there appears to be some small amount of progress. We will try to work with our local government, but she has a permit and they feel that it meets code. We also might try a lawyer. As a last resort, we have threatened to remove the fence that separates our backyards but belongs to us. If she still wants her privacy then she will have to install another fence. Bub |
|  | | docwatson

Number of posts: 242 Age: 62 Location: split between Massachusetts + Maine Tobacco: Peretti's Burleys, Samuel Gawith Va.'s, MacBaren's Blends, so I'm a tobacco slut. Pipe: Browning Hi Power Registration date: 2008-03-21
 | Subject: Re: Problems with fences Fri Nov 06, 2009 5:35 pm | |
| Well Bub, Dealing with neighbors can be a sticky situation as you already know, but on a more positive note, just look at all the wall/fence space that you can now decorate!! Good luck in finding an equitable solution to your dilemma. Doc |
|  | | Hermit

Number of posts: 1011 Age: 56 Location: Ascension Parish Tobacco: Old Joe Krantz Pipe: Rad Davis Golden Blast Apple Registration date: 2008-04-23
 | Subject: Re: Problems with fences Fri Nov 06, 2009 6:09 pm | |
| I wish my neighbors would build a fence. Then my wife would stop bitching about all the boats in their back yard.  _________________ "The American people will never knowingly adopt Socialism. But under the name of 'liberalism' they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation, without knowing how it happened."
- Norman Thomas, (1884-1968) six-time U.S. Presidential candidate for the Socialist Party of America.
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|  | | Anthony

Number of posts: 101 Age: 24 Location: Baghdad, Iraq Tobacco: Currently: Penzance, Nightcap, University Flake, and on a fun note, Lane's Very Cherry. Pipe: Currently: Peterson's Captain Pete Bulldog Smooth Registration date: 2009-11-02
 | |  | | dougc905

Number of posts: 59 Age: 46 Location: Ontario Tobacco: A variety of VA blends. Pipe: Ser Jacopo Coral Dots, Savinelli 320s and 616s Registration date: 2009-01-11
 | Subject: Re: Problems with fences Fri Nov 06, 2009 6:54 pm | |
| It's a real pain when you buy a home with the expectation that what you see is what you will always have. However,your neighbour has the same rights that you have. Congrats on working towards an equitable solution! When I moved into my place, I found that I had no privacy at all in the yard. Not that I want to do anything questionable out there, but I would like to be able to treat it as a private, open-air part of my home. So I planted cedar trees all around the perimeter and right up between the houses. I will try to keep it to the bylaw mandated 8 ft. Don't really care what the neighbours think. At least it's green! I guess I'm like your neighbour.... |
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