Planning permission is also required for new fences to listed homes. Garden fence law - which fence is mine? Can he legally do this without consulting me? I found it interesting how you mentioned how you need to make sure your property lines are defined when installing residential fences because you dont want to overstep your property. Yes, it may be an etiquette-thing as opposed to a legality, but people used to live by good-will and etiquette. Besides the look, the benefit of this type of fence is its added strength as it is created by using "sandwich construction.". My side or yours? Fence rules and regulations you should know about First, the properties on either side of us are rental homes so we did not have established relationships. Imagine if they were to park their car on your property. Im considering doing just that even though it will probably cost me $20,000! No one will want to build or live next to ALL that UGLY mess!! I dont know that much about fences. Visit our corporate site. He smiled and said, well I guess the settles that. Although you must go through a proper, legally recorded sale procedure to make this official. In particular, the solid panel fences often used for privacy are generally constructed like this. In my case, we went with the original way the fence was built, with the flat side on my side. When it comes to a wooden privacy fence or a picket fence, the finished or nice side of the fence should face your neighbors. Some privacy fences have one side that is finished, known as the "good side," where the wood appears smoother and more refined, while the other side will show both the rails and posts. Not only is this more polite, but its the standard. How we treat others is more important! Another risk to your fence's permanence is the exact location of your structure. Posts on the outside are the difference between a scuffed boot and a shattered knee if a horse spooks into the fence. So up went my fence. Hardware & Post Caps In Florida, the state law requires the good side facing outwards. What does that mean? Maybe your fence has suffered from wind damage or been vandalized. We would like not to be seeing that old fence every day as we come and go, and so we proposed to the adjoining a neighbor, who is a nice guy, that we replace the failing fence with a nice new cedar fence matching the new one just erected by our front neighbor, all at our expense. Hunker may earn compensation through affiliate links in this story. Majority says good side in. Why is that right? DIY Guide Fences - City of Toronto Of course, you want your fence to look the best it canyou dont want the paint to fade or chip, you want to keep your fence clean, and you dont want your wood to rot. This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden. One way of preventing this is to ask your neighbours to agree to a new boundary agreement, which is a legally binding document. Ultimately there is no rule concerning fencing boundaries, regardless of whether the fences are on the left-hand or right-hand side of your property's boundary fence wall. Those renters, well, lets say they were finally asked to leave. They dont consider the fact that we have a 100 lb dog so anything I can do to keep the kids (and our dog) safer makes me happier. Yet, what about the part that is in between our yards? The tenant must get permission from the Tenancy Services Team before constructing a fence on the premises. Whether you pay for it or not, the good side goes outwards. For an official and accurate answer, dig out the title deeds for your house. The county issued the final when it was installed years ago , but guess what they say it was an error , and you cant hold them responsible . Hes definitely getting the unfinished side of the fence. Please people, be considerate. If the neighbor wants a nice fence, then the neighbor can use his own money and land to build whatever fence they want. Once your property line is identified, learn and mark the location of any buried pipes and wires so they aren't damaged during fence installation. In this case, you have a party fence, so will have to speak with your neighbour about how you want to deal with maintenance. As long as your neighbor and your HOA allow it and you follow local fence regulations. While not set in stone and still subject to legal evaluation, there are some steps you can take to figure out who the most likely owner of the fence is. If there are any attachments on your fence, you will be able to sue or have the town fine them. Illinois's fence laws rest on the idea that shared fences benefit neighbors equallyso the costs should be shared equally, too. Aside from left-hand or right-hand fence boundaries, your neighbour's fences may even back onto the rear of your property boundaries. Whose responsibility is it to repair the fence? Either fence may belong to a property, and the simplest way to ascertain which belongs to a specific property is to check the deeds. If you want to establish ownership by law, the quickest way is to look at your transfer, title, or conveyance deed. Each city in the Chicago area has its building codes and permit for fence installation, governing every aspect of a new fence, from design to materials. Is this right, I just instal a new fence, the neighbor has it all ready very old looking , she call the citi claiming the nice side could be at her properti! My neighbor is a good, hardworking man who just happens to collect a lot of stuff in his backyard. Depending on whose side of the boundaries the new fence wall stands and who owns and is responsible for it, there may be different ways to help with this query. So just wondering. Which side of the fence is mine? Fences four and one-half feet high, and in good repair, consisting of rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto suitable and sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the . Fence Rules: A Guide To Your Rights And Responsibilities Which fence belongs to my property? I called Smucker Fencing to install vinyl railing for a few steps on my front porch based on their great reviews online. If the fencing lies around your property's boundary line and a highway or public footpath, it must not exceed one metre in height. To help you avoid costly mistakes, unwanted stress, and to stay on the right side of your neighbours, we explain all you need to know about your boundary rights. I dont see either as good or bad. Only get a fence that you can keep looking great. Fourteen years ago we installed our 8 stockade fence good side out . Legally speaking, this can be a good way to establish proper ownership of a fence. Asking them to undo the changes or make repairs is always the first courtesy you should offer your neighbor. Here we tell you which side of the fence is yours, how high your fences can be without planning and more. Chicago Fence Codes IL While it's certainly not a fail-safe method, boundary lines and fences are often built on the land that belongs to the owner. That said I typically agree that the good side should be out. At the time I asked whos having the nice side, he replied you are I was ok with that. On one side the neighbor has an old gray wooden fence that looks ugly because its old, but they have the good side facing me. As for us, we do NOT want to look at nor maintain around unsightly posts! Im the last house on the cul-de-sac, so nobody behind it to complain. So your fence is the one with the "bad" side facing you. Im sorry but when you spend your $ and cheap neighbors complain..Then tell them they cant tie in on your fence that is saving them thousands of dollars. If your neighbour's fence stands on the land on their side of the boundary line between your gardens, then you may not remove it. look at the poll. Have any other neighborly advice for homeowners looking to install a new fence? Well, it is better to divide with a cement brick wall and get a planning permission and solved. Second, we preferred the look of the flat side. He says his wife wanted it that way. You cant assume this was done by each neighbour. What should we do? However, with planning permission a fence can be If this does not get you anywhere, you may sue your neighbour for criminal damage in a small claims court. I have talked them and even wrote a letter hoping they would put a panel or fence around. You do not need to tell your neighbour if you are putting up a fence; you do not even need to do this when applying for planning permission. (And Trying to Be a Good Neighbor) Melissa Art Collection, Removing the Chain Link Fence! We opted to have the good side of the fence facing our property, but appeased our neighbor by making one section of the fence very low (so that he could get sunlight into a room that is only 18 inches from the property line and not to code) and another section split rail so that he could keep some lilac bushes that are technically on our property. We would like to board our side of the fence and plan to ask the neighbor for permission to do so. That said i agree good side should be out, Or, once theyre inside, they could open the gate to get out. Thanks for all the comments! I can not see the trees enjoying the finished side and not complimenting me for it. Fences & Boundaries - Neighbor Law - Texas State Law Library Establishing a relationship of trust and joint responsibility is always the best course of action if you believe you have a joint fence or if the ownership is unclear without legal documents. It is evident from many of the above comments that our world is fast changing into an Its all about me!-world. Double-sided fences are created with sandwich construction, which also makes them stronger. You always wear them with the finished side outwards to be admired and loved. However, if its not clearly laid out, then there is still the risk of disagreements and conflicts should a problem occur. Similarly, your neighbour's home boundary responsibilities may be completely different from your own, even though you live next door to one another. Unlike a typical wooden privacy fence, our vinyl fences dont need stringers to be sturdy. Copyright 2022 Suffolk Fencing SuppliesPoplar Farm, Felsham, Bury St Edmunds, Suffolk, IP30 0PU. Most municipalities have codes and code enforcement agents and if you have an HOA, well you know or will soon find out what their rules are. Determine the "Good Side". This has been the standard for years and years, with one generation passing this info on to the next. If not, call your county office and make your own inguiry. It could also result in having your fence removed. Most importantly, fence etiquette and the law require that your fence and its posts be located on your property, not your neighbor's. In some situations, if their fence panels are in disrepair, they may not have the skills or resources available to mend or replace the fence or wall. The rule should be, the person saying gets the side they want. You dont need to tell your neighbors that, though. But, by ensuring that they know where they stand legally, householders can avoid disagreements and conflict. Georgia 51-12-50 Damage to trees of another. Also, imagine the dread in asking your neighbours permission if you had to go on their property to fix YOUR fence. It's a good idea to check with your local council authority beforehand, as they could help to explain any planning permission you might need before constructing any new fencing. Just as you have the right to tear down a fence if it belongs to you, so does your neighbor if it belongs to them. Split Rail It looks very tacky the way they put it up Nails sticking through its a hazards, My understanding throughout my 8 million years of life: Good side out. Find out more about the legal requirements for domestic fence installation. Which side of the fence is mine? These are the rules in the UK For areas that front a road, a footpath or public highway typically front gardens where a visibility splay is needed for safety the maximum permitted height is one metre without planning permission. As a line of no thickness, the boundary fence around the gardens of your homes would run between the two fencing panels, even if they are touching one another. #mc_embed_signup{background:#fff; clear:left; font:14px Helvetica,Arial,sans-serif; width:100%;}, I had neighbour come to me yesterday after he put his fences up and said legally you can not paint my fence touch my fence or put anything on it so dont do it took us by surprise used to get on with them is this true please. Check your building codes. I would think who cares who owns the fence. It intersects with a very old, sagging, poorly connected and rusting cyclone fence, which we share with a different neighbor! In addition, vinyl posts on our vinyl privacy fences are squarely in the middle, both you and your neighbor get the good side of the fence. The problem with your theory of facing the good side out is with maintenance and repair. Why would you want the ugly side out? Since it will divide your yards and provide privacy for each of you, they may want to work with you on the project and split the costs. GoodTo is part of Future plc, an international media group and leading digital publisher. There is a common belief that households are responsible for the fence to the left of their home. Thanks for a lesson in neighborly love! There are several ways to figure out which fence is yours - take a look at these top four. How the new tech works, New rules in Scotland would ban boilers in new homes from early next year, How much does it cost to run a fan? BeachGlassBlazer 6 yr. ago. First let's clear up the age old myth of; "Each home owner is responsible for maintaining the fence on the left-hand side, as you look at the property from the road". So forget any rules youve heard previously that state otherwise not everyone will own the left-hand side of their fence. In fact, when I moved in, my yard was surrounded by a chain link fence which I took down (except the polls) because of the neighbors fences. think its standard that the pretty saide faces the other neighbor - not you. they did not give us a date on when this was to be done we came home and the fence was gone. 1) If the intruder has brains theyll probably just go out the door after breaking into my house. These documents could help you to know which side of the fence you or your neighbour owns. The good side would face us to match the new cedar fence it ties into. Okay I read all the comments. If the fence is a dividing fence, that divides your backyard from your neighbors back yard, the good side of the fence should be facing your yard. After all, youre paying to turn your yard into a backyard oasis for you and your familynot your neighbors. All copyrights reserved. If you place the fence right along the property line, it is not acceptable to access the neighbors property to maintain it. Our Service Areas, About This process is typically repeated with all houses along the row such that each neighbor has one good and one inner or bad side. If your neighbour built the new fence wall that stands on their side of the property boundary, they are entirely within their rights to remove the fence wall. Yeah. Fact or Fiction? You're responsible the fence on the left - Goughs This goes for the left and right of the property as well as the rear, CJHH Solicitors say. Of course, sometimes, for both parties peace of mind, its better to just establish early on who owns the fence in question in a legal manner so that both parties know who is responsible for repairs and replacement of the fence. . Your property, he has to have consent to work,improve or replace said property or he can pay you half of the cost of the fence and then his side is fair game. Contact JULIE (811 or 800-892-0123) to locate and mark any buried utilities on your property. Has been that way since I moved in 20 years ago. However, I think most dogs would try to jump over rather than climb. 2) Ive known neighborhood kids to hop fences to fetch things that flew over. we have tons of signs and lights on our side of a fence. Were on your side 100%. Most Chicago area cities restrict residential fences to 6 in height and only allow tall fences in side and rear yards. and I said, yes that sounds good. Youre on the lookout for a T on your side of the fence to indicate that you own it. I really dont think the bad side looks that bad anyway. Apart from etiquette, decency to your neighbour, or even the right thing to do, the fence should show the good side outwards. I placed my 2 neighbors fences on the pretty side for themstrangely enough I felt if a home invasion happened I could use the wooden slates to jump over and find help. The house was pretty, its UGLY now!! I would have been willing to negotiate who gets good side if they cooperated. Then write a demand letter requesting payment from the neighbor. 1 attorney answer Posted on Oct 14, 2012 Dear can I pick the fruit: You are not entitled to the low hanging fruit. Our town code says finished side should face neighbor. If you can see a H (which is actually two Ts joined together) the boundary is shared by both parties. Duh. To figure out which fence is yours, look at where the frames of the fence are. To ensure that everyone else can enjoy their view, most townships and boroughs mandate that all supports stay on the inside of the fence. PMI Birdy Properties 203 subscribers 46K views 4 years ago This Video explains the question of who owns which side of the fence.. Even though the fence will be on your property, they will still see it daily so proper etiquette is important. Nice article. Not only is this common courtesy, this is a rule enforced by the vast majority of townships and boroughs. Fence rules are not as straightforward as you might think. I do not intend to raise this with my neighbour. Its so ugly!!! These laws may have information regarding who owns the fence and can be used to mount a legal defense of ownership. Who is responsible for repairing a broken fence? (Every other fence in the neighborhood was smooth side out. ) If you can't locate it in writing, look for the T-mark on these documents, which if positioned on your side of the fence, indicates right of possession. I have woods in back of me so I will be putting the good side towards me. He does not bite, but we have two airedale that romp and bark. If they remain resistant, contact your HOA to seek their advice. Screw them! We are fairly certain that the neighbor behind us installed the fence. Garden fence responsibility can often be a subject of dispute between neighbours, especially when it comes to knowing where you stand legally. We did this because of neighbor whose pit bulls lunged at me while working in my garden bed next door.
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