This is the title of a short article I read recently. I get this question from clients and they usually tell me their building inspector told them that a fence should be 2 feet or more from the boundary. Needless to say, but I strongly disagree. I tell clients to build their fence on the boundary, otherwise you are giving away the rights to property that you own.
In my opinion, if you build your fence anywhere except on the boundary, there will, no doubt, be some surveyor, or neighbor, who will then claim that the fence is the boundary. I do not understand how there is any authority that regulates the construction of a fence can give away the rights to your own property like that.
The article states "How far back a fence needs to be installed on your property also depends on regulations set by your area??s jurisdiction."
No, this violates the constitutional right to use your own property. As a specific example, a nearby town tried to enforce a zoning bylaw that had a formula for the setback rule. It states that a fence 4 feet high shall be 2 feet from the boundary, a fence 6 feet high shall be 4 feet from the boundary, and finally, that a fence 8 feet high shall be 6 feet from the boundary. This is nonsensical. The zoning bylaw was struck down by the state attorney general.
What are your thoughts?
Historic boundaries and conservation efforts.
Build it on the line. Now, to fix it, you have to swing your tools into the neighbors land, but it's on the line.
Build it 1/2 a foot onto your property. Now, you own the fence. Plus a little air on the other side.
Build it 2 feet onto your side. Now, you can walk both sides.
Build it 8-10 feet onto your side, now you can bushhog both sides, without interfering with anybody.
Build it 20' onto your neighbors side, and now you can be a part of a fuss.
Whatever you do, know what you did. Make sure you neighbor knows what you did. And, document it. Even get your surveyor to document what kind of fence, and where it is relative to the line. Put it on the plat. Record the plat. Give copy to neighbor.
N
I couldn??t agree more with what Nate said. My bigger question would be if adverse possession could be quelled if you put a note such as ??owner stated intent of fence was to keep in their pets, and no attempt was made to construct along any boundary lines? on a recorded survey.
One city in an adjoining county has decided that fences are to be treated the same as buildings and must not cross the building setback line on the plat.?ÿ Pure foolishness, of course, but they get away with it.
So, while it may be a convenience, there is no bylaw, rule or regulation for the fence to be set back from the boundary.
Also, I agree that it would be a good idea to have a surveyor show the location of the fence on a publicly available map.
Historic boundaries and conservation efforts.
My position is that it is not our position, to tell others what they should do. We might make suggestions. And, voice our thoughts on what may happen, if they do this, or that, or the other.?ÿ We (personally) are not in the fence construction business. Our clients are. I like the idea of ON the line, and I like the idea of 1/2 a foot to a foot off, on their side the line. But, that's personal. Sometimes it comes up, when a landowner is selling a 2 acre piece to their daughter, and the piece being sold is fenced. I ask, "Do you want to KEEP the fences on your side, or SELL the fence, or put it RIGHT down the line?
Recently, I had the recipients of land, say: "Let them keep their fences, they have cows, and we don't. That way, they can do as they please".
It's just important that folks know what may happen, and that is guesswork, as far as personalities are concerned.
N
I have a client that builds the fence +-1' inside his line in one state and on the line in the neighbor state. AP in the first is almost impossible, in the neighbor state you're basically giving up the property across the fence line.
So, as always it depends.
The fence line along the south line of my house has always been on my side so I maintain it and inform the neighbors that the little strip across the fence on their side is my property, the fence along my east line is on the property line and I expect the neighbor to keep care of his side.?ÿ
My FIL had his north boundary fence line built 3' on his side of the property line and kept the grass north of the fence mowed and watered, never could tell him not to do that, but he did and it worked.?ÿ
In my state there is no law, bylaw, rule or regulation that states you must build your fence at an offset to your boundary.?ÿ
When my clients get this information, usually from the building inspector of the town or city, then I think it is wise to inform them that the information they have been given is wrong, it's a folk tale, it's a lie. Like most information given to clients by town officials, it is not questioned as an unqualified statement.
Yet, it is not a fact. It is an abuse of power, it is folklore, it's a malfeasance and it's a lie.
I'm not telling them where to put their fence. I'm telling them that the information they received is wrong.?ÿ
Historic boundaries and conservation efforts.
One of the best laughs I ever had came from a job for a fellow I knew in high school.?ÿ He was a jerk the day he was born and will be a jerk on the day he dies.?ÿ He was furious because the neighbor had bumped into the privacy fence between their properties with a backhoe.?ÿ The neighbor had made no offer to repair the significant damage.?ÿ I got paid to do the survey but the fence was entirely on the neighbor and, as it turned out, had been erected by the previous owner of the neighbor's tract because he didn't like the previous owner of my client's tract.
The client was doubly mad after paying for a survey to try to recover costs to fix a fence that wasn't his in the first place.
Before I built a wall I??d ask to know What I was walling in or walling out, And to whom I was like to give offence. Something there is that doesn??t love a wall, That wants it down. -Frost, The Mending Wall
@not-my-real-name since you practice in Massachusetts, you might find the state law on fences and the office of fence viewer revealing - M.G.L. Chapter 49.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter49
"Who put this here iron pipe right where I need to put in my fence corner? Guess I'll pull it out and put it back in when I am done".
Had a fellow do that with an iron bar/cap only he stuck it in a hole in a nearby power pole along the highway.?ÿ Thought long and hard about that a couple of weeks ago when we had a very hard wind one night.?ÿ The next day, while headed to a courthouse, I noticed the next power pole to the south was leaning terribly to the east.?ÿ The electric company crew had been buy and attached a temporary cable and deadman to keep it upright until they had time to fix it correctly.?ÿ Someday, the one with the bar and cap will probably have the same problem.?ÿ I can just imagine the call from the electric company blaming me for weakening their pole.
"Who put this here iron pipe right where I need to put in my fence corner? Guess I'll pull it out and put it back in when I am done".
Back in the pre-recession days, when I was doing "finals" (basically as-builts as the homes were completed and sold off) in large subdivisions, it was not uncommon to for the fencing crews to go straight to the lath marking the lot corner.
They would dig up the capped rod in the process of making a hole for a corner post, then chuck it back in the hole as they poured concrete in there. We'd buzz up the corners inside the concrete.
We weren't supposed to damage anything during the final surveys, as the homes were being sold, but on more than one occasion we'd get annoyed enough to smash the concrete to bits at each corner - destroying the integrity of the fence corner - observe the rod wherever it might have settled, then draft up a survey showing all monuments as disturbed. Threw a wrench into the whole process of selling homes; after a few of those the developer would jump on the contractors to make sure it didn't happen again, at least for a few weeks.
It also wasn't unusual to see water meters installed directly on top of lot corners, destroying the monuments in the process.
Oregon has similar statute?ÿ in their State Law but they don't have a "fence viewer", I think lawyers fill that role for lots of monies.?ÿ Jp?ÿ
It also wasn't unusual to see water meters installed directly on top of lot corners, destroying the monuments in the process.
This little gem was added the the Oregon statute about 20 years ago to specifically address the water meter issue..... not a perfect solution but it has had some positive effect.
?ÿ
ORS 92.044 Adoption of standards and procedures governing approval of plats and plans; delegation; fees.?ÿ
?ÿ?ÿ?ÿ?ÿ?ÿ (7) ........ Utility infrastructure may not be placed within one foot of a survey monument location noted on a subdivision or partition plat.....
@jp7191 The fence viewers don't get much action these days, since farming is now a rare use of land around here. I think in most towns the fence viewer is also the building inspector, and if they get a call about a fence, they mainly just tell them to hire a surveyor.
"Who put this here iron pipe right where I need to put in my fence corner? Guess I'll pull it out and put it back in when I am done".
I'm unable to find a copy now, but I recall seeing a brochure put out by some survey organization or another recommending ways to build fences without destroying corner monuments. In a nutshell the end post was placed short of the corner and the last couple of feet of fence rail cantilevered to the corner.?ÿ ?ÿ ?ÿ
My solution for typical housing subdivisions is invent a fence corner post monument combination which the fence builder can connect to.
I've done something similar with farm fencing.?ÿ I put gates in the corners that come together over the true corner.?ÿ No need for anything else there.?ÿ Yes, installing one or two extra corner posts and braces adds to the overall expense, but it is incredibly convenient for future needs to go from field to field or onto the neighbor or vice versa.