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Old 05-12-2013, 01:22 PM   #1
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Property line vs Fence Line

We have a rear entry garage with the driveway that runs alongside the house and turns into the backyard. According to our property survey the property line is the edge of our driveway. My wife has been on me to get a privacy fence put up with a swinging gate on the driveway to close off the backyard. Is it a bad idea to put a fence directly on the edge of the driveway even if the current neighbor is okay with it? I'm not sure if it is even possible to attach fence posts to concrete to keep the fence off of the neighbor's property, but it seems my options are limited. Any advice? Thanks.


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Old 05-12-2013, 02:12 PM   #2
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I'd check with your local zoning codes on that one.
Depends on what type fence you plan to build as to how it could be attach to the concrete. With steel pipe it can be done with a core drill and some epoxy.


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Old 05-12-2013, 02:50 PM   #3
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How wide is the drive. If less than 2 cars don't want to do it.

As a test put up some rope and see how she likes driving without hitting it
Even if you are on the right track, you will still get run over if you just sit there.

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Old 05-12-2013, 03:46 PM   #4
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Be careful of easements! While you may own property to the property line ordinances and your title documents will probably specify that a certain number of feet from the property line to say a fence is to be kept clear for emergency vehicles, utility maintenance vehicles and personnel (that come out and butcher your trees or climb poles for cable and telephone if your area still has lines above ground), and the like. If your fence ends up in their way, they can just rip it down and it is your responsibility to rebuild it without compensation. They can also fine you if they want.

Fences also have forces on them, like wind sail effect, that will probably rule out mounting posts above ground without anchoring them even if you were to get the plans past the permit people. Joe's idea of steel posts may work out if the city, county or whatever goes for the idea. The forces of a wide gate just adds to your design and engineering issues although you might be able to put it on wheels to reduce the drag on the posts structure.

As suggested, first steps are to find out what easements are required. Your municipality, homeowners association, historical preservation district, etc. may have guidelines as to what you can build and where as well as specifications for how tall it can be, what it can look like etc. If it is shared, your neighbor may have to bless your plans too whether they participate in building it or not.

If you get green lights, you will want to confirm you are on the property line, or better yet to your side of it. The next neighbors might not be so gracious and you do not want your fence encroaching on the neighboring property or they, in theory, can take it down or make you do so. There is nothing like fences in the wrong place to get a feud between neighbors going.

Last edited by user1007; 05-12-2013 at 03:55 PM.
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Old 05-12-2013, 04:26 PM   #5
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a quick check with your local zoning officer will provide you answers to your questions. some towns require permits for a fence. one thing to think about is if you need to perform maintenance to your fence, how will you be able to do so if the fence is on the property line? your current neighbor may be fine with you coming on their property but what if they sell?

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