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Old 07-15-2013, 01:20 PM   #16
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Fence on staggered property line


Need a closer zoom? Anyway you get the idea.
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Old 07-15-2013, 01:43 PM   #17
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Fence on staggered property line


Bear in mind, odd property lines may also be that way to take into account how the larger lot was subdivided. Sometimes there's some very subtle zoning issues that come into play. I know this from having spent many a summer and weekend with my father helping him do his real estate legal work. His specialty as a real estate lawyer was dealing with complicated properties. You would not believe the games that get played when it comes to carving up properties and dancing around zoning issues.
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Old 07-15-2013, 01:51 PM   #18
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Fence on staggered property line


I would think that there is a HOA in place in this neighborhood, for it being a brand new development. As for the fencing, problem is, that unless every house in the development goes with the same style, it is going to look worse than not having it at all.

I am surprised the developer did not put any kind of barrier fencing such as wood between the lots.

Personally I would go back to the developer and have them push through with the neighbors on all lots, letting them hire a contractor, or just tell them that they are going to do it. Usually most developers still hold a lean on all properties for a while, due to those homes still up for sale, are held by them or their real estate company, so they can have some pull getting the fencing up and fit in with the development.
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Old 07-15-2013, 02:06 PM   #19
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Fence on staggered property line


The neighborhood is about 3 years old now, so I don't think the developer / builder can do much...although I really don't know. My other neighbors already have all of their fences...
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Old 07-15-2013, 02:08 PM   #20
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Fence on staggered property line


We don't have Home Owner Associations up here. Its also unusual for the builder to hold a liens for fences. Things like light standards or certain trees if designated or community playgrounds yes.

Typically in a new subdivision a fence company will approach all the owners in a new block and try to get everyone involved, but it is not mandatory
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Old 07-15-2013, 02:16 PM   #21
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Fence on staggered property line


^^ That is what happened with us. One local fence company is trying to get the remaining houses done, but there are roadblocks with certain houses....which is making me think about doing it myself...If I knew the proper post hole points, I would have no problem constructing the fence, it just nailing down where the property lines are so i don't upset neighbours who want to build off my fence.

And the fence company will not do a single house...they need at least 150 linear ft to come out.
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Old 07-15-2013, 02:23 PM   #22
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Fence on staggered property line


Just do your own, and if those neighbors want to chip in for the same fence design for their property, then get together with a reputable fence company to do the job, just for those homes.

Let everyone else worry about their property. They cannot say anything about the back fence, if there is not an easement between the back lines, but you have to give access to utilities, if there are any type of utility easement in between the properties.
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Old 07-15-2013, 02:34 PM   #23
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Fence on staggered property line


Well my immediate neighbours have told me to go ahead with it and they'll pay me for my time and materials...I'll take another stab at it this week. Maybe I'll throw a picture of the actual yard to show you guys exactly what I mean...

Thanks for the help - And I love your quote Greg...I miss Ren & Stimpy...and log.
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Old 07-15-2013, 02:58 PM   #24
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Fence on staggered property line


Its nice that you have agreeable neighbours, some would dig their heels in and cause a fuss, even though they are legally obligated to pay half
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Old 07-15-2013, 04:08 PM   #25
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Fence on staggered property line


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even though they are legally obligated to pay half
"Legally obligated to pay half" means "A" can decide to build (or replace) a fence. After "A" completes it or has it done, he can sue the neighbor "B" for half the cost.
I have never seen that. Not saying it doesn't exist, just that I haven't run into it.
What you usually see is that it is customary to split the costs. Meaning that you have to reach agreement on the building or replacing, and the cost split before work proceeds. If it is in writing, the written contract is enforceable.
If the neighbor does not agree you either live with it, or build at your own expense.
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Old 07-15-2013, 05:10 PM   #26
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Fence on staggered property line


Who pays depends on the fence location relative to the property line.

If it is totally on your property line and complies the offsets (if any), it is yours and you can choose the materials/style and which side gets the good looking side if the fence has two different sides. You pay for it, but can have a problem maintaining/preserving the materials on the side facing the neighbor/neighbors since you need access.

If you build a fence on or straddling the property line you have to pay for it unless your owner will contribute. If he does not like the appearance, then you can have problems getting a contribution and access to build. That is why it is important to have a good relationship with your neighbors.

Being on a corner lot only gives you two owners to deal with instead of more.

Before you do anything, make sure you are sure of the accurate property line and keep in mind corner pins can be moved during construction.

I think one of the best concepts was used for some time in So CA, where the builder of a large project built the 6' high concrete block privacy walls (usually colored or textured) before any homes were put in or the lots were purchased. This way, there was uniformity and the construction on the different lots and drainage did not affect the homes already built Every owner had rights to half of the wall after the lots/home were sold. It was very good especially if you wanted a large usable patio area and/or pool, so security and safety was not a problem.

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Old 07-15-2013, 06:02 PM   #27
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Fence on staggered property line


In Canada the person is legally obligated to pay for half the cost of a chain link fence which represents the lowest cost... So if you build an extravagant wood fence, the neighbour is legally obligated to pay the equivalent of a chain link... If he is being difficult.... From what I understand.
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Old 07-15-2013, 07:00 PM   #28
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Fence on staggered property line


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In Canada the person is legally obligated to pay for half the cost of a chain link fence which represents the lowest cost... So if you build an extravagant wood fence, the neighbour is legally obligated to pay the equivalent of a chain link... If he is being difficult.... From what I understand.
So, if I want to take down a fence then my neighbor has to help pay for demo?
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Old 07-15-2013, 07:11 PM   #29
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So, if I want to take down a fence then my neighbor has to help pay for demo?
No, but you better give enough notice to the neighbor before you do it, or you will most likely get a summons to court if they are one of those types.
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Old 07-15-2013, 07:24 PM   #30
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Fence on staggered property line


This might give a better idea of the area. This is taken from my deck looking at the rear west corner. You can see the wooden peg that I placed at my lot corner. Yet you can see that the back neighbours corner would be 3 ft to the left of that peg....

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