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Old 09-30-2014, 11:03 AM
 
Location: Austin, TX
15,237 posts, read 35,424,886 times
Reputation: 8572

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You are probably looking for some sort of variance, and it probably does not cost much in the way of money. In the end, they will maintain the ROW and you may lose some or all of your fence someday on short notice, though, even if the variance is granted. Really, it is better to start the discussion before the construction, but it is quite possible the city can come up with a good solution.
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Old 09-30-2014, 11:12 AM
 
1,430 posts, read 2,362,196 times
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I can see where the City really wants to avoid the potential consequences of adverse possession that the fence represents. Not sure how it works in Texas, but when I was with the city government in Kansas City there were a couple of public roads through private property that we allowed to be gated for safety reasons on 364 days out of the year but that we required to be open (and that I would drive) one day a year to prevent such a claim.

On the other hand, given the fact this is not being enforced against OTHER fences in the neighborhood I can see a potential argument using that. Not sure how successful it would be.
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Old 09-30-2014, 11:31 AM
 
Location: central Austin
7,228 posts, read 16,018,814 times
Reputation: 3914
You should look at your neighbor's plat (can be done at the county office on Airport). Unless you check, you may find that other home's fences are on the lot lines. Lot boundaries can vary, even on the same street, especially if the area was subdivided and platted in the 1940s or earlier.
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Old 09-30-2014, 11:36 AM
 
1,430 posts, read 2,362,196 times
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What strikes me as so odd about this situation is why construction was allowed so close to the front lot line in the first place.
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Old 09-30-2014, 12:42 PM
 
Location: Central East Austin
615 posts, read 776,251 times
Reputation: 551
Quote:
Originally Posted by gpurcell View Post
What strikes me as so odd about this situation is why construction was allowed so close to the front lot line in the first place.
Setbacks have completely changed since these neighborhoods were developed. There are many of these older houses in my neighborhood that are literally built right on the property line. With today's code, you would never be able to build like this.
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Old 09-30-2014, 04:53 PM
 
Location: Round Rock, Texas
12,866 posts, read 13,166,814 times
Reputation: 13814
Plus some streets have been widened to a considerable degree.

Move your house back 20' or 25'?
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Old 09-30-2014, 05:10 PM
 
Location: Lancaster, PA
997 posts, read 1,303,215 times
Reputation: 577
I can't amend my previous post, but I meant Northwest Fence & Iron. The other company I mentioned wouldn't even come visit.
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Old 10-17-2014, 01:59 PM
 
5 posts, read 20,059 times
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So it looks like I have to apply for a license to use the R.O.W. from the city with an application fee is $450. After that, they'll access an annual lease I would have to pay (based on current property value, and how much land). After I get that figured out.. I can apply for a waiver from the city.
My options are:

1. City waives the cost and all is good
2. Pay a license to use the land (sounds expensive)
3. Remove the fence
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