Is this a legal backyard fence height? (military, paid)

[paperwing]

Do you have an HOA? I’m guessing not. I do. My ivory painted brick walled yard is 6’ per regulations. My neighbor has the same walls, but they put iron anti-bird decorative spikes on it, so technically it’s more like 7’ but the spires are spaces so you can see their tree, and they’re painted ivory - really attractive. Could you build a brick wall and just forget the neighbor exists? Sharing a wall makes it a party wall (just means shared). Doesn’t seem like sharing anything with that person would be wise. What a pain.

Nice yard, by the way! My gravel is getting thin… I need a new layer. I’d rather get a cement patio space poured though, leaving a few feet around the edge so I can keep planting stuff.

I wish you good luck.

[john3232]

Originally Posted by ArizonaRain

Hi guys,
I wanted to show you what my neighbor is currently doing and ask if it's legal or not. I just looked up city code and according to Phoenix code legal height for a backyard fence is 6 feet. My other neighbor just built a block wall as well, but theirs is the same height as our chain link, no issues there. We just came home to what now looks like a prison yard. We are about to list our home for sale, we had intentions of putting a new wood fence which is 6 feet tall, per code, but how in the heck do i deal with this? I keep thinking about what will potential buyer think when he sees this tall wall, and i keep wondering about our resale value.
I emailed city of Phoenix just now, but i wanted to ask if anyone here experienced this themselves? Do we have any recourse? Splitting the cost is not an option, as this guy actually came to our door to tell us he's building a block fence and he won't offer us to go half and half because he doesn't like us. I was stunned since we had no issues with him at all (we are quiet, hard working couple in early 50's, with no kids, we don't make any ruckus nor noise, we just sleep and work)
Thanks in advance!

My advice would be to find out the rules. Can your neighbor build a wall behind the chain fence which extends over the top. If what he's doing is legal that's that. If not the question becomes how far to you want to take this?

this guy actually came to our door to tell us he's building a block fence and he won't offer us to go half and half because he doesn't like us. I was stunned since we had no issues

Let me see if I understand this. The neighbor comes to your door and tells you he's going to build a block wall. But doesn't want to go 50/50 because he doesn't like you? He's going to leave the chain fence up and build a wall directly behind it. Not what I would call being very diplomatic.

I was stunned since we had no issues with him at all

Well, something is going.

I had a similar situation with a neighbor who refused to acknowledge my email or letter about the party wall we share and the fact their water sprinkler was seeping water into my yard. The water had begun to damage the base of the wall and caused an ugly dark stain on my side. I spoke with the husband once when I saw him outside his house. I asked if he wanted to come by and see the area of the wall I was talking about but he refused. I also worried how can I get them to take action when they won't take care of their own pool (which was green.) And I'm talking about a very nice area of Gilbert.

They finally moved the sprinklers heads but not until I sent photos. (I did contact the HOA but they refused to get involved.)

Again you need to know can your neighbor build a wall higher than 6t. Were permits required? Were they submitted? How far are you willing to take this? Legal action won't be cheap.

Might be best to add a few small trees or bushes next to the chain fence on your side. Not fair you have to do this. However, I don't see how you can work with this person and possible legal action will be costly.

[john3232]

Originally Posted by hikernut

Perhaps technically true, but who is going to complain if you take down your fence? Seems like the only risk is that your neighbor could take down the block wall without your consent since it's not on the property line.

Given the animosity the neighbor has already shown it would be wise to make sure nothing is done to the fence before the OP is clear on the regulations.

If the regulations aren't properly followed I wouldn't be surprised if this neighbor decides to sue.

[ABQConvict]

Originally Posted by gemstone1

There is a chance that he wanted to hide that ugly a$$ chain link fence of yours.

Good fences make good neighbors. I would remove the chainlink against the nice, new high wall and thank the neighbor.

[crystalys]

OP a couple of observations/questions.

Did they pull a permit? Did they hire a professional to do the job? It doesn't look like a professional job to me, but I am not the consumer nor subject matter expert.

Is this a completed project? Is the neighbor done with it?

First thing I notice and can't really tell in the pic....does the block wall have a "cap" layer on top?

Also as someone else pointed out, there are unsightly overspill areas between the blocks. Not sure that is a "code violation" but it sure would interfere with my enjoyment of my backyard view.

Here is the link from the county with example pics of different types and the requirements for fencing:

https://www.maricopa.gov/DocumentCen...tails-2019-PDF

[hikernut]

Originally Posted by john3232

Given the animosity the neighbor has already shown it would be wise to make sure nothing is done to the fence before the OP is clear on the regulations.

If the regulations aren't properly followed I wouldn't be surprised if this neighbor decides to sue.

It is difficult to guess how to proceed with a neighbor who appears to have mental issues. Apparently the OP unknowingly did something that set off the neighbor.

[pantstofry]

As a prospective buyer I'd actually prefer the taller block fence over that chain link fence, so it might not turn away all buyers. I just like privacy in my yard, for myself and also because I'm >6' and don't care to have a sightline into my neighbors yards. It might be more trouble than it's worth to explore all the legalese and permitting of it unless you do find that it has directly impacted your property value or is making it difficult to sell (though in this market you'd have to do a helluva lot worse to not sell).

[john3232]

Originally Posted by pantstofry

As a prospective buyer I'd actually prefer the taller block fence over that chain link fence, so it might not turn away all buyers. I just like privacy in my yard, for myself and also because I'm >6' and don't care to have a sightline into my neighbors yards. It might be more trouble than it's worth to explore all the legalese and permitting of it unless you do find that it has directly impacted your property value or is making it difficult to sell (though in this market you'd have to do a helluva lot worse to not sell).

I agree assuming the block wall was built correct. Removing the chain fence (imo) would be an improvement.

But again the wall has to have been built correct. Now, assuming the block wall looks fine.... there's the problem of the neighbor. I'm not sure if you can remove the chain fence without their permission since they share it with the OP.

Unfortunately, this neighbor has already made it clear he doesn't like the OP so getting them to sign off on removing the chain fence might be difficult.

[mateo45]

As a relative newbie, IMHO Arizona also seems generally kinda 'casual' about the issue of building codes and 'enforcement' anyway, particularly in the more 'rural' parts... also perhaps not surprising for a state that so values its 'Freedom... from 'the gubmint''.

[military spouse]

I would be THANKING my neighbors for putting up a decent-looking block wall. I guess that's why I live in a neighborhood with an HOA.....