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they cannot come on your property. the homeowner must ask your permission to put up a fence over 4 feet. if not, you can take him to court and the town will make him take it down. it fun watching them take it down when the town tells them to. big chunk out of thier wallet.
even if the fence goes up, if your plant life grows onto the fence its his tough luck. its natures call: not his.
they cannot come on your property. the homeowner must ask your permission to put up a fence over 4 feet.
Even if he's replacing an existing 6' stockade tied to a 5' chain link? I thought once a fence existed, replacing it was ok.
I've decided that I'm going to take the day off and work in my yard all day or sit and read a book. Oh, and I'm going to park sideways at the end of my 3 car wide drive so he or the contractors cannot park in my driveway, as he's often done (without asking). Tough if it's a narrow street.
the homeowner must ask your permission to put up a fence over 4 feet.
Depends on what the Town's code is for fencing in that particular location. Codes usually put either a 3- or 4-foot limit on fences that are located along the front yard property lines but the max is usually higher (6 or 8 ft) for fences that are along backyard property lines.
If someone wants to put up a fence that is higher than code allows in that location, they are supposed to apply for a variance. There will be a hearing for the variance, and before that hearing the Town will mail a letter or postcard to all homeowners whose property would be impacted by the variance being asked for. Those homeowners can then come to the variance hearing and object, if they wish.
To the OP: Might be worth your time to check with the town to see if your neighbor actually has a permit for the existing fence(s) he is replacing, and whether his proposed new fence is legal or not!
I agree with all those who say that the neighbor is allowed to trim any part of your plantings or trees that overhang his property line but he cannot cut, remove, or otherwise harm any parts that are on your side of the line.
Also, do you know for sure that his existing fence is on "his" property rather than yours? You said it's "on the property line" and that can be a real can of worms because technically a fence needs to be just INSIDE the property line (on the property of the fence-building owner). Does the survey that you got when you bought your house (it should be with your mortgage documents/title policy papers) show the neighbor's fence? It sounds as if one has been there for awhile.
My suggestion would be to first check with the town to see if any of the fences (stockade, chainlink, or proposed new one) are even on the books in the first place.
Status:
" Charleston South Carolina"
(set 5 days ago)
Location: home...finally, home .
8,814 posts, read 21,277,348 times
Reputation: 20102
Well, today's the big day. I hope everything goes all right with you. I had the same problem with a neighbor once (also one of those plastic fences ) so I know how that can be. Let us know how things go.
To the OP: Might be worth your time to check with the town to see if your neighbor actually has a permit for the existing fence(s) he is replacing, and whether his proposed new fence is legal or not!
I agree with all those who say that the neighbor is allowed to trim any part of your plantings or trees that overhang his property line but he cannot cut, remove, or otherwise harm any parts that are on your side of the line.
Also, do you know for sure that his existing fence is on "his" property rather than yours? You said it's "on the property line" and that can be a real can of worms because technically a fence needs to be just INSIDE the property line (on the property of the fence-building owner). Does the survey that you got when you bought your house (it should be with your mortgage documents/title policy papers) show the neighbor's fence? It sounds as if one has been there for awhile.
My suggestion would be to first check with the town to see if any of the fences (stockade, chainlink, or proposed new one) are even on the books in the first place.
Actually, I closed on this house in 1998 without a survey using an online mortgage company. The fence was there before I moved in (and based on it's condition then, quite a while before). I've never added my own fence or had a survey done (though I know I'll need one to sell - and should have one - but they ain't cheap!)
I don't really care if he puts a new fence up - though I wish it weren't one of those plastic ones - but it's not my choice and he has a right to put up what he thinks looks nice from his side. I just want my plantings left alone. He has his side to do with what he wants, all I want it my side to do the same. Live and let live. If I could afford it, I'd put my own stockade in front of his fence to hide it from my side - but that's not possible.
Also, this guy could care less about town codes. He built a storage unit for his boat against the other neighbors property line, maybe 3 or 4' from the fence and large enough for the boat and cars and a motorcycle. I'm sure it would be classified as a garage - which you can't put that close to the property line. But since it wasn't against my fence, I let the neighbors have the call as to whether or not to complain. This guy is at the end of a dead end, so his 'front' yard borders my and my neighbor across the street side yards.
"this guy" sounds like he needs a good beatin'
"this guy" and the couple of 100K just like him are part of the reason LI quality of life is in the toilet...just sayin...
"this guy" sounds like he needs a good beatin'
"this guy" and the couple of 100K just like him are part of the reason LI quality of life is in the toilet...just sayin...
Amen to that.
Come on in, cut down all the trees. Put up fucco. Surround the castle with a plastic fence (moat soon to follow.) Create a runway of concrete for the Escalades and Navigators. Add lots of curlicue corkscrew shrubs and a Mary on the Half Shell. Don't forget a ridiculously ornate concrete fountain. Please remember to behave like a 300 pound petulant child and bully the neighbors -- after all, they are nothing but year-round hicks who are 'benefitting' from the 'upgrades'.
"this guy" sounds like he needs a good beatin'
"this guy" and the couple of 100K just like him are part of the reason LI quality of life is in the toilet...just sayin...
And that's why I want to move so badly!
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