Fence on Property line

3002 Views 36 Replies 22 Participants Last post by mark sr, May 9, 2020

Startingover

Discussion Starter · Apr 21, 2020 (Edited)

I was told long ago a fence can go on a property line. I have a survey. I marked the iron pins.

My fence contractor called tonight to tell me he’s starting tomorrow morning. He said he’ll put the fence 1” inside my property line, so theres no chance it won’t pass inspection or have to be ripped out.

I’ve had fences put in in my other houses and this was never discussed. I would say I want a fence along ‘that’ side. It'd be installed, inspected and that was that.

So... is 1” inside property line normal?

I could call the city inspector and ask, but also I want the contractor to do what he’s comfortable with.

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skiflyer

· #2 · Apr 21, 2020

Startingover said:
I was told long ago a fence can go on a property line. I have a survey. I marked the iron pins.

My fence contractor called tonight to tell me he’s starting tomorrow morning. He said he’ll put the fence 1” inside my property line, so theres no chance it won’t pass inspection or have to be ripped out.

I’ve had fences put in in my other houses and this was never discussed. I would say I want a fence along ‘that’ side. It'd be installed, inspected and that was that.

So... is 1” inside property line normal?

I mean, it's an inch. Sounds like room for measuring error to me.

Sent from my Pixel 4 XL using Tapatalk

Reactions: 3

Nealtw

· #3 · Apr 21, 2020

Startingover said:
I was told long ago a fence can go on a property line. I have a survey. I marked the iron pins.

My fence contractor called tonight to tell me he’s starting tomorrow morning. He said he’ll put the fence 1” inside my property line, so theres no chance it won’t pass inspection or have to be ripped out.

I’ve had fences put in in my other houses and this was never discussed. I would say I want a fence along ‘that’ side. It'd be installed, inspected and that was that.

So... is 1” inside property line normal?

Up here in some cities, if it is on the property line the neighbour can paint his side what ever colour you don't like showing thru on your side. :surprise:

Reactions: 1

MTN REMODEL LLC

· #4 · Apr 21, 2020 (Edited)

Ya know...EVERYTHING has a tolerance of error.

I think your fence guy basically has a wise idea....unless 1" tolerance is a material problem for you.

It may be an unnecessary tolerance, as most neighbors don't get chitty over a minor error,

(I suppose theorteically, if you had a very strange neighbor who proceeded to use your 1" of land over a period of 18 years (varioes by state), without any objection by you, could at relatively large expense to himself, go before a court and claim that land under eminent domain. And I suspect he would loose.) Just saying

Good luck STARTIN

PS: I'm assuming that you don't have any HOA issues or building issues (often zoned in regard to height of fence.)

Reactions: 2

SPS-1

· #5 · Apr 21, 2020

I think the potential problem that your contractor is worried about is that he is placing fencing (partially) on another guy's property without the guy's explicit approval.

And in the future, who's fence is it ?

Your contractor's suggestion seems to be to put it fully on your side. Then there is no trespassing and you 100% own the fence forever.

Reactions: 4

joecaption

· #6 · Apr 21, 2020

Contact you local zoning dept. in my area that fence should be at least 1' away from any property line.

Reactions: 5

SPS-1

· #7 · Apr 21, 2020

MTN REMODEL LLC said:
(I suppose theorteically, if you had a very strange neighbor who proceeded to use your 1" of land over a period of 18 years (varioes by state), without any objection by you, could at relatively large expense to himself, go before a court and claim that land under eminent domain.

When I moved into my last house, I quickly noticed the fence beside my place did not look right. The city had a path to a park beside by place, and put the fence very significantly on my property (6' at the back, 1-1/2' at the middle and 3' towards the front). City tore it down and rebuilt it, shifted over. But a while later I was talking to a lawyer, and after 10 years, city would have the right to leave it there (it had been 7 years at that time).

The OP's fence contractor has probably seen such issues a thousand times, and is just giving the benefit of his experience.

Reactions: 3

Startingover

Discussion Starter · #8 · Apr 21, 2020 (Edited)

Thanks everyone

No HOA but city ordinances for heights and setback of fences. I thought it was interesting four of the six fence people I called said don’t bother with a permit. I like to get permits for everything and I don’t want any issues in the future.

I like that old saying “good fences make good neighbors”

Today I saw a worker out in my backyard on the opposite side from the fence she was between my house and the next people and she had a tool that was beeping she said she was checking underground lines because my neighbors were getting a fence. I said oh they’re very friendly but they never mentioned it to me. I said, by the way, tomorrow I’m getting a fence over on the other side my yard if you’d like to come and see. She said OK and she’d mark it for me if I wanted.

Lol, later neighbors were out. I told Them that I heard they were getting a fence beside that there were these orange paint lines all along the back of their property and up the side in between our houses and they said no they weren’t getting a fence.

When my fence guy Called he said he had the Underground utility people come out and mark where my utilities were where he was putting the fence in. So it was a good thing I took that lady over to show her or she wouldn’t have marked it.

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Old Thomas

· #9 · Apr 21, 2020

My son has a beach house next door to a county park. His survey shows the county’s fence angling from nothing to about 6 feet on my son’s property over about 100 feet. He called county parks and waited, they did nothing. On a Sunday we used his Bobcat it pull up the fence posts and put the fence back up on their property. Never heard a word about it.
Every jurisdiction sets its own rules. The only way to know for sure is to read their code. Most are online.

Reactions: 1

Mystriss

· #10 · Apr 21, 2020 (Edited)

Up here, in general, "technically" you don't put a fence on the property line, even if both owners agree to it, because future owners have disputes and such.

There's a 250' long fence between us and our left side neighbors. The front 120' are "ours" and the rest in the rear is "theirs" by law. It's never really been an issue with any of our neighbors though; for around 7-10 years we didn't even have a back yard fence between us and the neighbors cause our pups were best friends and when the fence blew down we all decided to just rip it out and have a massive doggy play yard. They got shipped back to Cuba and the folks that had moved in next freaked out and put in a new fence when a bear climbed up their back deck to lick their grill. Their contractor came over and asked us if it was okay to put the fence back in the way old location cause they weren't sure where the property lines were heh

The front fence is pretty ratty now and we kinda want to replace it, but it ties into the neighbors fence along the road so we're not sure when it'll get replaced. Need to wait for the next crop of neighbors and see if we can arrange to replace their front and our side of it at the same time so it matches for them lol

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Startingover

Discussion Starter · #11 · Apr 21, 2020

I grew up listening to my dad and uncles talk about property lines and when you have large acreage out in the middle of nowhere or new neighbors it can be an issue. When I sold my dads 4 acres which had a dog leg section I learned neighbors poured a patio that was entirely on my property. The new buyer sold that little section to the patio owners.

ZTMAN

· #12 · Apr 21, 2020

Looks like you are going about it the right way. Different areas have different requirements.
I do not know what county your are in but as an example, attached is a link to the fence regulations in Hillsborough County. Each county has their own regulations, you may want to take a look at yours.

https://library.municode.com/fl/hil...nodeId=ARTVIDESTIMRE_PT6.07.00FEWA_S6.07.01GE

Reactions: 1

Colbyt

· #13 · Apr 21, 2020

I would trust the contractor to do the correct thing as he is the one who pulled the permit.

Via personal advice from a lawyer and for my jurisdiction, the rules of adverse possession do not apply to platted subdivisions within KY. The property lines are as platted regardless of fencing or possession. FL may have different interpretations for Florida law.

I personally stay 3-6" inside my property line with all fencing so that I may kill anything that grows on on the fence and remain legal. The distance is determined my my attitude toward the neighbor and their yard maintenance.

Reactions: 2

Startingover

Discussion Starter · #14 · Apr 21, 2020

I pulled the permit. City hall is 2.5 miles away. Permit was $60. One contractor said it’d be $150 to go all that way and for all the trouble. Took survey. Marked in color where my fence will be. 5 minutes later had my permit.

They asked who was doing the work and I told them. I’d also told the fence guy I’d get the permit.

Bud9051

· #15 · Apr 21, 2020

Did city hall say anything about the 1" suggested location.

It is sad, but I've seen fences become walls between neighbors and other times appreciated by all. Hope yours is the latter.

Permits are good.

Bud

Reactions: 1

Startingover

Discussion Starter · #16 · Apr 21, 2020 (Edited)

Now he ‘s running a string from pin to pin 90’ to check.

I was surprised that the string that he ran was taunt. So we both agree where the property line is.

He said my survey was wrong it was off a couple Of feet. I don’t know surveys were ever wrong. I thought a survey was like the word of God but anyway at this point I don’t care where he puts the stupid fence

Reactions: 1

huesmann

· #17 · Apr 21, 2020

joecaption said:
Contact you local zoning dept. in my area that fence should be at least 1' away from any property line.

Same here, in the DC area. I think my county allows approval letters from neighbors if you want to come closer than 1' to adjacent properties, to account for neighbors who may want to go in on a fence together (i.e. you and your neighbor both want to put up a fence right on the property line, and share the cost).

Reactions: 1

Bud9051

· #18 · Apr 21, 2020

Startingover said:
He said my survey was wrong it was off a couple Of feet. I don’t know surveys were ever wrong. I thought a survey was like the word of God but anyway at this point I don’t care where he puts the stupid fence

Unfortunately a survey is just the opinion of one surveyor. If someone disagrees they hire another surveyor to get a second opinion. My property has a 20' dispute on my lower line but I really don't care, it is a wet area and I don't need to pay more taxes. But disputes are very common and many end up in court. Older properties are the worst, that old tree is gone and the stream used to be over here

.

Bud

Reactions: 3

stick\shift

· #19 · Apr 22, 2020

Assuming it is allowed, fences on property lines are shared fences. 1" onto your property and it is yours and yours alone. May not be an issue now but you don't know who your neighbor might be in the future.

Reactions: 5

huesmann

· #20 · Apr 22, 2020

Bud9051 said:
Unfortunately a survey is just the opinion of one surveyor. If someone disagrees they hire another surveyor to get a second opinion. My property has a 20' dispute on my lower line but I really don't care, it is a wet area and I don't need to pay more taxes. But disputes are very common and many end up in court. Older properties are the worst, that old tree is gone and the stream used to be over here .

Surveyors who give second opinions are surveyors you don't want to deal with. The metes and bounds are what they are based on your county property records, and GPS surveying equipment means there should be no disagreements.

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