Wooden privacy fences - Install on property line or inside property line?

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
I'd like to replace the chainlink fence between my property and three of the neighbors fences, and also an old wooden fence between one other neighbor, but I don't want to mess with getting their approval or bicker with them over costs, so I'd like to just keep the old fences there and put the new one just inside of the property line. Is this ok to do or will I be pissing off everyone? I don't have relations with any of them and would prefer to keep my yard private, as we have a pool.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
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It's fine to do. We actually put one up around my house the exact same way you want to do it. It may piss off the neighbors though. We did it, because we hate the neighbors behind us anyway.

What you do have to consider though is if it will be higher than 6 feet. If so, you may need a building permit and/or the permission of the local planning department.
 

MX2

Lifer
Apr 11, 2004
18,651
1
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You might be pissing them off, you know how people are:(

I would let them know what your intentions are first just as a courtesy measure maybe. Having pissy neighbors in a long term living situation could get ugly.
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
what are they going to do? it is your property. just make sure it is on yours.

When we had a fence put up in town we had it 4inches inside oure property.
 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
is that chain link yours or theirs?
Your just going to leave it there and put up a wooden privacy fence so you can see it/them?
If its their chainlink, tough beans... if its your chainlink, I'd be pissed as all hell at you and try to find ANY city ordinance that would require you to take it down.
 

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
Originally posted by: BigJ
It's fine to do. We actually put one up around my house the exact same way you did it.

What you do have to consider though is if it will be higher than 6 feet. If so, you may need a building permit and/or the permission of the local planning department.

It will be right at 6 feet, my city limits it to 8 feet and no barbed wire :(

:D
 

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
Originally posted by: Homerboy
is that chain link yours or theirs?
Your just going to leave it there and put up a wooden privacy fence so you can see it/them?
If its their chainlink, tough beans... if its your chainlink, I'd be pissed as all hell at you and try to find ANY city ordinance that would require you to take it down.

It would be

My property....|:.... their property

Where the | is the privacy fence and the : is chainlink. I believe the chainlink is shared on all sides.
 

TallBill

Lifer
Apr 29, 2001
46,017
62
91
Originally posted by: iamwiz82
Originally posted by: BigJ
It's fine to do. We actually put one up around my house the exact same way you did it.

What you do have to consider though is if it will be higher than 6 feet. If so, you may need a building permit and/or the permission of the local planning department.

It will be right at 6 feet, my city limits it to 8 feet and no barbed wire :(

:D

I'd go with 7 feet. But then again I'm 6'7", so a 6' fence does nothing to stop me.
 
Dec 27, 2001
11,272
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Um, this is potentially a bad idea. My insurance agent said that if you put up a fence and give them a few inches and they have it for a while (x years), they can make a claim on that land.

I never looked into it, but I don't think she'd just flatly BS me for no reason.

I'd put it right back up where it is now. If you're paying and doing the work, they won't care.
 

jaedaliu

Platinum Member
Feb 25, 2005
2,670
1
81
talk to the neighbors first before you do the work. courtesy. It goes a long way, even if i can't remember how to spell it.
 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
Originally posted by: iamwiz82
Originally posted by: Homerboy
is that chain link yours or theirs?
Your just going to leave it there and put up a wooden privacy fence so you can see it/them?
If its their chainlink, tough beans... if its your chainlink, I'd be pissed as all hell at you and try to find ANY city ordinance that would require you to take it down.

It would be

My property....|:.... their property

Where the | is the privacy fence and the : is chainlink. I believe the chainlink is shared on all sides.


The fence HAS to be on somebodies property and bleong to SOMEBODY. It cant be in some magical DMZ zone where it isnt anyone's responsibilty. Like I sais if that chainlink is on YOUR property I doubt you have to technically take it down. But, as your neighbor I'd be pissed as hell I had to look at a shotty old fence becuase you were too cheap/lazy to remove it.

I'm betting on the location there are oridinances against it plain and simple too. I'd look into it before you get owned by your neighbors
 

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
Originally posted by: Homerboy
Originally posted by: iamwiz82
Originally posted by: Homerboy
is that chain link yours or theirs?
Your just going to leave it there and put up a wooden privacy fence so you can see it/them?
If its their chainlink, tough beans... if its your chainlink, I'd be pissed as all hell at you and try to find ANY city ordinance that would require you to take it down.

It would be

My property....|:.... their property

Where the | is the privacy fence and the : is chainlink. I believe the chainlink is shared on all sides.


The fence HAS to be on somebodies property and bleong to SOMEBODY. It cant be in some DMZ zone where it is nobodies responsibilty. Like I sais if that chainlink is on YOUR property I doubt you have to technically take it down. But, as your neighbor I'd be pissed as hell I had to look at a shotty old fence becuase you were too cheap/lazy to remove it.

I'm betting on the location there are oridinances against it plain and simple too. I'd look into it before you get owned by your neighbors

Actually you are wrong. This is directly from my city's ordinances
Fences shall be located entirely on the owner's property, except that fences owned in common by adjoining property owners may be located on the common property line

It's shared and it both of our responsibility.

EDIT: So my question is:

Should I ask them to put their share of the fence price into the bill and then remove the chainlink, and if they balk just put the fence inside of my property line?
 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
It's shared and it both of our responsibility.

Good research... I got $20 though that its not smack dab on the property line. Long story short if you just put up the fence with no discussion to your neighbors, whether you you like them or not (or are indifferent for that matter) you are just asking for trouble. It doesn't hurt to discuss this.

 

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
Originally posted by: Homerboy
It's shared and it both of our responsibility.

Good research... I got $20 though that its not smack dab on the property line. Long story short if you just put up the fence with no discussion to your neighbors, whether you you like them or not (or are indifferent for that matter) you are just asking for trouble. It doesn't hurt to discuss this.

You may be right on this. I'll have to get the city out to mark the boundaries to be sure.

Now that you mention it, I do recall that the southern portion of my fence is on the other house's property, IIRC what my lawyer told me.

 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
I have fence(s) and hedglines surrounding my house. I know they are "mine" because of the design of the fence etc. by whomever built them in the 60yrs of my house's life... but I KNOW they are not on my property. I still maintain them though and for all practical purposes they are "mine".

I love my neighbors though, so its all good to me.
 

Analog

Lifer
Jan 7, 2002
12,755
3
0
Originally posted by: iamwiz82
Originally posted by: Homerboy
It's shared and it both of our responsibility.

Good research... I got $20 though that its not smack dab on the property line. Long story short if you just put up the fence with no discussion to your neighbors, whether you you like them or not (or are indifferent for that matter) you are just asking for trouble. It doesn't hurt to discuss this.

You may be right on this. I'll have to get the city out to mark the boundaries to be sure.

Now that you mention it, I do recall that the southern portion of my fence is on the other house's property, IIRC what my lawyer told me.

If I recall, the city will not mark the boundaries, you'll have to get a survey crew out there to do it, which will cost you ~$500.

The fence is generally on someone's property, never on the exact property line, unless it was mutually agreed to when it was put up, and then probably split in cost. So in the short of it, if you don't know you might be asking for trouble. For instance, suppose the fence is actually 1' over on the neighbor's side. Then the fence you're putting up is then technically on his side also, and then he can sue you for putting it there.

Bottom line? Get a certified survey done, and then there'll be no question. But there's no way that's going to be free.
 

Homerboy

Lifer
Mar 1, 2000
30,890
5,001
126
If I recall, the city will not mark the boundaries, you'll have to get a survey crew out there to do it, which will cost you ~$500.

The fence is generally on someone's property, never on the exact property line, unless it was mutually agreed to when it was put up, and then probably split in cost. So in the short of it, if you don't know you might be asking for trouble. For instance, suppose the fence is actually 1' over on the neighbor's side. Then the fence you're putting up is then technically on his side also, and then he can sue you for putting it there.

Bottom line? Get a certified survey done, and then there'll be no question. But there's no way that's going to be free.

brilliant points
 

SpongeBob

Platinum Member
Jan 16, 2001
2,825
0
76
In Sterling Heights you own the cyclone fence that has the poles on the inside. For example I own it on one side and my neighbor owns the other side. Therefore I can do whatever I want within city ordinance to it. Still I would recommend talking to your neighbors beforehand anyway. Can't underestimate the benefits of being on goods terms with the folks you share property lines with.
 

pontifex

Lifer
Dec 5, 2000
43,804
46
91
Originally posted by: iamwiz82
I'd like to replace the chainlink fence between my property and three of the neighbors fences, and also an old wooden fence between one other neighbor, but I don't want to mess with getting their approval or bicker with them over costs, so I'd like to just keep the old fences there and put the new one just inside of the property line. Is this ok to do or will I be pissing off everyone? I don't have relations with any of them and would prefer to keep my yard private, as we have a pool.

ah, i get it, trying to hide the wife and her new boobies from the neighbors, eh? lol
 

Drakkon

Diamond Member
Aug 14, 2001
8,401
1
0
in a city i used ot live in there was a community in which there were these houses that had a GREAT view of the moutanins....well one of the houses ended up putting up a wall to block in his backyard all on his property...well long story short and after a few month long court battle the guy was forced to take down his wall because it "blocked the view the other homeowners paid for"...pretty bs thing but in this community it was a huge deal.
Thus id say go talk to the neighbors and let em know what your intentions are and get them to sign either a waiver or have a witness with you.
 

Chryso

Diamond Member
Nov 23, 2004
4,039
13
81
Definitely talk to them first. You will probably want to take down the chain link fence. If you leave the chain link fence up then grass and trees and stuff will grow between the two fences and will really be an eye sore on their side. The previous owner of my house did exactly what you are talking about. The only difference is I own both of the fences. I need to take down the chain link fence.
 

Sluggo

Lifer
Jun 12, 2000
15,488
5
81
Originally posted by: HeroOfPellinor
Um, this is potentially a bad idea. My insurance agent said that if you put up a fence and give them a few inches and they have it for a while (x years), they can make a claim on that land.

I never looked into it, but I don't think she'd just flatly BS me for no reason.

I'd put it right back up where it is now. If you're paying and doing the work, they won't care.

What you are speaking of is called adverse possession it is possible, although unlikely. Laws on it vary widely from state to state.

 

iamwiz82

Lifer
Jan 10, 2001
30,772
13
81
I was planning on talking to them either way, but I have my doubts that at least one of them will offer anything, they cannot even take care of their current privacy fence, the entire thing is being pushed down by a tree in their backyard.

Another catch is that one corner of the property lines is a 'T', how do you handle a corner that is 2/3 wooden, 1/3 chainlink, and who would pay for it, as I am not the owner of either property that it seperates?
 

Need4Speed

Diamond Member
Dec 27, 1999
5,383
0
0
Originally posted by: HeroOfPellinor
Um, this is potentially a bad idea. My insurance agent said that if you put up a fence and give them a few inches and they have it for a while (x years), they can make a claim on that land.

I never looked into it, but I don't think she'd just flatly BS me for no reason.

I'd put it right back up where it is now. If you're paying and doing the work, they won't care.

thats what i did to one of my neighbors..he had a fence about 6' of the property line, and never mowed or did anything to maintain that 6' wide section...about 200' long. So i took care of it for about a year after which i informed him that i was going to sue him for the rights of the property since he never took care of it...lawyers did some paper work and i now own it.