"Good neighbor" fences (Louisville: inspections, maintenance, live)

[mpsgirl]

So we discussed putting up a fence a bit more and I tried to do more research on it but getting ahold of anyone in the county office the answer my questions was next to impossible. I spoke with some local fencing companies though and we found out what we can/can't do.

So, my husband and I have decided to go with a 6' chain link fence for several reasons. With the severe wind that the area gets sometimes, it'll be less likely to fall over, it has minimal maintenance, the cost is low, it gives us security w/out giving a potential burglar as many places to hide (even if we choose to put privacy slats in the fence). I don't have to worry about which side each neighbor gets to see because it's all the same. I intend to plant and grow honeysuckle along the fence to give it a more appealing look. The flowers are colorful, have an appealing smell and it attracts more welcome insects/animals (butterflies, hummingbirds, etc).

So here is my question, before we erect any fencing we plan on speaking with all the neighbors who's property boarders ours to let them know what our plans are. I'd like to present to them the option of paying for half if they're interested but I'm not sure how to approach lightly. If they say no then we're not going to press the issues, it'll be dropped then and there. If they opt to pay for a portion of the fence we'll put it right along the property line (which we've already had surveyed), but if they choose not to then we plan on setting it 6-8" within our property line. Is this an appropriate distance to place it inside our property line? Also, how to we avoid adverse possession if we do set it inside our property?

Also, if we set it on our property, how can I avoid the neighbors attaching whatever they please to the fence? (If they choose to pay for a portion then I don't mind discussing with them what they want to attach). The neighbors are going to benefit either way from this fence which we don't mind, but I've heard of the scenarios where neighbors insist they don't want a fence, but once the portion next to their property is constructed on the other person's dime, they take advantage of the cost savings to put up the rest of their fence (because they often already had intentions of putting one up anyhow).

I want to go about it all politely and not cause any hard feelings but I also don't want to get taken advantage of. Another question which goes back to the adverse possession concern...if we put the fence inside our property, and the neighbors do choose to put their own fence up in the future and attach it to our existing fence to close in their yard, can I ask them to remove it? The property is rather large and so all the fence lines are each around 350+ ft long...and even set in half a foot on our property, that's a good chunk of land to lose (set in 6", it'd be about 2100 ft we could stand to lose just along each individual side).

Frost - "Good fences make good neighbors"...with obvious meaning there. I don't want to cause ill feelings with the 4 neighbors that border our property but we also absolutely need a fence. I have 2 dogs....one of which I've watched actually leap an 8' wooden fence. She does it very rarely, but I'm trying to discourage her leaving the yard by putting up a fence to begin with because she would definitely wander without one. Any input on how to best approach the situation would greatly be appreciated.

[kettlepot]

I'm not a legal expert, but I believe that over the long term, putting your fence THAT far inside your property line does risk adverse possession. However, depending how large your lot is, perhaps if you put it a LOT further inside the property line, you will fare better because it may not appear as though the area outside the fence is being abandoned to the use of your neighbors.

Regarding, paying for the fence, I belive getting the neighbors to chip in is probably a non-starter. You are the one who wants the fence. If your neighbors had wanted one, they would have put one up. However, what you might find is that the neighbors, once they find out that you intend to put up a chain link fence which is one of the cheapest and most down-market kinds of fencing (it actually decreases the market value of your house), they might be persuaded to help pay to upgrade the fencing to something that is less visually obnoxious.

[Dreaming of Hawaii]

If you put the fence inside your property line, you're basically establishing a new property line. Realistically, you don't change your property line, but your neighbor is going to feel that anything on his side is his to do with how he chooses. How would you maintain the grass, weeds, etc. on your property on your neighbor's side of the fence? Also, I think that after a period of 18 to 20 years, your neighbor could claim that property as his under adverse possession.

As far as keeping your neighbor from attaching to your fence, good luck. You could probably ask them not to, but I don't know of any laws against it.

Whatever county you are in, you will need a permit for the fence. Don't make plans based on what the fence companies told you; you need to talk with the people who issue the permits. Be persistent in calling the building department; you may even find an answer on-line. You're going to need to go to the county buiding department eventually to get your permit. Some county building departments have people who are only in the office certain hours such as between 8:00 and 9:00 in the morning before they leave to do inspections.

[mpsgirl]

Actually, I did call the Powers that Be today and got some VERY good answers. We have a meeting on Friday and we have to go to the architectural review committee who has to approve all of those plans and then we have to inform the regional building center of our plans. Anything over 6' has to be approved and special permits have to be applied for. Anything 4'-6' must be what is considered "see through" (ie chain link or split rail). Otherwise, if it is a solid fence, it must be below 4'. Mind you, this is all pertaining to the back yard. The rules for the front yard are completely different, and I got clarification on those too. The ONLY time we'd have to apply for a permit is if the fence is over 6'. Otherwise, I just have to pay $25 for approval to the Architectural review committee.

Also, because I had an ILC done for my property (basically the equiv of a survey but not as detailed), that gives me legal standing if I choose to place my fence w/in my property line and the neighbors decide they want to try to claim my land on their side of the fence. They have absolutely NO ability for adverse possession to occur in their favor because we have our property lines clearly staked and will inform the county clerk of where the fence is place in relation to our property line.

As for keeping them from putting things on the other side of the fence...I'll just cross that bridge when I come to it. I am not trying to make enemies by putting up a fence...I just didn't know how to approach the situation but I got some good advice from someone else today. We plan on introducing ourselves to the neighbors on each of our sides first this weekend. We may introduce ourselves to the neighbors behind us but they really aren't going to have any say in our fence anyhow because we have a 25' horse easement (that I was just correctly informed of today) and so we have to place our fence 25' short of the back property line. That said, on a future visit we're going to let the neighbors to the right of our property know we plan on putting a fence up. The neighbors on the left aren't really "neighbors"...it's a model home...so I'm not really sure how to approach that one. I'm sure we'll figure it out.

The important part of what is and isn't allowed though has been figured out. We just have to meet with a few people and pass it through a committee but otherwise I'm sure the rest of it will work itself out.

[Katarina Witt]

I agree with kettlepot re: paying for the fence. I would assume that when you meet with the "Powers that Be" you will find out how far inside the lot line the fence needs to be placed. I don't even remember the rules for Louisville any more, but generally (can't comment about your own situation) they have to be at least few inches inside the property line. So your neighbors would have nothing to gain by paying for it.