Community Fence (Raleigh, Star: rent, HOA, houses) - Raleigh, Durham, Chapel Hill, Cary - North Carolina (NC) -The Triangle Area - City-Data Forum

impossibleneighbor · 10-24-2010, 10:56 PM

We need help with a community fence put in by the builder of the subdivision. The neighbors fence touches my fiancée house and the side of my fiancees' house is inside the neighbors gate (like wise with all the house in the community). Recently we decided to change the gas stove to electric requiring us to run electrical cable to the the fuse box which happened to be on the side of the house enclosed by the fence. The neighbor wouldn't allow us access and called the HOA and police multiple times. The HOA eventually told the neighbor he had to give us access to that side of the house. We did complete the electrical work but not without alot of hassle from the neighbor (calling the inspections dept on us frequently) and now the HOA is telling us if we don't restore the yard as it was before they will come in re sod and charge us for it. Also we have learned that the fence does not enclose all of his property. There is an additional 7ft beyond (backyard) the fence that we don't have access to. My question is how are they doing this? What state or local laws permit them to install a fence that crosses property lines and what remedies are there for us. I don't think the developer envisioned neighbors not being neighborly or prohibiting access and now that it has happened we would like to separate our property from theirs. Can we?

Starglow · 10-25-2010, 04:59 AM

Based on your description, it sounds like the houses are built on zero lot lines, meaning one side of the house sits on the property line. If that's the case, then the side yard on one side of the house is the neighbors property.

Builders often do this to fit more houses per acre lot with very small lot sizes.
Look at the land survey for the property to see where the property lines are located.

Sherifftruman · 10-25-2010, 07:05 AM

SOme pictures or the survey would be helpful. You can go to the Wake County tax site and go to iMaps City of Raleigh and Wake County iMaps which will allow you to see the property lines. If you live int eh Raleigh city limits, then the building outlines are there also, so it woul be easy to see if it is a zero lot line situation. (though from the threats of the HOA to you on the sod makes me think it is not.)

Still, the Neighbor must allow you access to your property. Pretty stupid of the builder to do this type of fencing scenario with the meter and entrance on that side. You may well have to build your own fence to delineate everything correctly.

zthatzmanz28 · 10-25-2010, 07:16 AM

Aren't HOA's grand??

North_Raleigh_Guy · 10-25-2010, 07:27 AM

The issue isn't the HOA, it is the PITA neighbor. I can't follow the description of the fence situation, but it seems your HOA has given you good direction. Check your HOA covenants. I'll bet you $10 it says something to the effect that your neighbor must provide access to areas where you have a common lot line.

I also live in a neighborhood where homes are very close together. If I look at my HOA covenants it clearly states that a neighbor must allow access to the land shared between our house for things like maintenance and repairs (think of the clearance needed to put an extension ladder up along the side of the house). It is not unreasonable to expect you to return the grass to the condition you found it in if you disturbed during your rennovation.

FWIW - I'm curious why you would switch a gas stove to an electric. Gas is so much better for cooking and I know most folks prefer it to electric.

Sherifftruman · 10-25-2010, 09:50 AM

Yeah, people love to jump all over HOAs when it looks to me that they are the ones helping the homeowner here. What would he have done if there was no HOA to tell the jerk neighbor that he had to allow the access?

impossibleneighbor · 10-25-2010, 03:38 PM

Thanks for your replies. We had a land surveyor mark the property lines. We intend to pursue separation from the adjoining neighbor. The issue we have the HOA is in the covenant they are responsible for the upkeep on the front of the house. Each homeowner is responsible for upkeep inside the fence. We have returned the soil but it seems not to their satisfaction. They have now stated they intend to re sod at our cost. AS if all of this has not cost us a bundle already. We just put the dirt back last weekend how fast do they expect it to settle? AND it's all Red Clay. Does anyone know if they can force us to keep the fence up?

@North_Raleigh_Guy we rent the house and previous and current tenants have been afraid of gas stoves, so we thought we'd make the house more appealing to those.

Starglow · 10-25-2010, 06:12 PM

Quote:

Originally Posted by impossibleneighbor

@North_Raleigh_Guy we rent the house

Well that might explain why the neighbor may not like you so much!

impossibleneighbor · 10-25-2010, 06:23 PM

Quote:

Originally Posted by Starglow

Well that might explain why the neighbor may not like you so much!

LOL....we are not absentee landlords. We are very accessible. As a matter of fact the current tenants is my brother.

lovebrentwood · 10-25-2010, 08:11 PM

Studies indicates cooking gas contributes to asthma in children and bronchitis in everyone.
Gas Cooking, Foam Pillows Double Asthma Risk and from the EPA: http://www.epa.gov/asthma/no2.html

Flat electric stovetops are easier to clean.

No one ever died from an electrical leak.

We have a gas stovetop. I wish it was electric.

Quote:

Originally Posted by North_Raleigh_Guy

FWIW - I'm curious why you would switch a gas stove to an electric. Gas is so much better for cooking and I know most folks prefer it to electric.