My first Property Line Fence Issue...

   / My first Property Line Fence Issue... #1  

ultrarunner

Epic Contributor
Joined
Apr 6, 2004
Messages
24,079
Location
SF Bay Area-Ca Olympia WA Salzburg Austria
Tractor
Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
The home where I previously lived that is now a rental stands in a 1922 subdivision where all the garages are detached and to the rear of the property as was code at the time...

The side walls closest the property line are built 9" inside the line so the 9" eve overhang is on the line... these are 42 by 120 city lots and there are our about 200 homes like this.

A flipper bought the home next door and gutted it to the studs... it was bad inside.

It is now for sale and last week he had laborers build a 7' high redwood fence on the line... which means the fence is 9" away from my garage wall for all 32 feet...

Makes it impossible to paint or clean out leaves from the Large Oak on neighbors side...

Flipper said I can buy the 950 square foot home for 700K... like that would ever happen... see now the price has dropped to 650K

I painted a few years ago so the redwood ship lap should be OK but what a problem this has created down the road...
 

Attachments

  • Neighbor New Fence and Oak Tree..jpg
    Neighbor New Fence and Oak Tree..jpg
    78 KB · Views: 915
  • Oak Tree....jpg
    Oak Tree....jpg
    71.6 KB · Views: 850
   / My first Property Line Fence Issue... #2  
Being they are flipping it, when it sells, ask the new neighbor if they would mind you putting in a removable fence panel or two to access the side of building for maintenance. Offer to pay for it of course. Kinda stinks they didn’t get with you but if it is not in your property I guess they did no wrong. Just not looking out for their neighbors.
 
   / My first Property Line Fence Issue...
  • Thread Starter
#3  
Yep... just did a comprehensive permit search and only sewer lateral...

The entire home was gutted to the studs... all new electric, plumbing, mechanical, widows, doors, walls removed... and the flipper is a licensed broker.

It sure does seem to exhibit blatant disregard.

Sewer lateral is required to sell here so not much choice... or posting a significant bond at the time of sale.

You are right... no sense starting off on the wrong foot with an innocent purchaser... they could end up with a lot of compliance issues as it is...

Permit and variance is required for any fence over 6' tall and this fence is 7' 4"... so this would generate a site visit should I complain and they I can only imagine where it would go from there...

I am very much a live and let live person...

Looks like I will be adding a gutter or extending my eves to help channel water from the roof.

The tree is real issue... it has caused a lot of problem for me over the years... I had a licensed tree guy ready to take it out on my dime... as it is against my garage foundation... they said they like the tree as focal point...

City Life...
 
   / My first Property Line Fence Issue... #4  
Looks like a nice fence......and they paid for ALL of it! Hard to complain on this one. It doesn’t look like a bad thing- but it is a different thing. And different can cause us humans to vapor lock sometimes. Odds are the new neighbor will be good and when the time comes it will all work out.

Worst case is the flipper raises prices a bit and you can 1031 exchange your place to something without a nice new fence that the neighbor paid for.
 
   / My first Property Line Fence Issue... #5  
When the flipper built the fence, why did he put it on the property line? Why wasn't he required to build it 9" off the line like your garage. That would have given you an 18" buffer. I'd check with the code office to make sure he built it according to code. If not also mention the fence height since no permit or variance was applied for. I'd make the flipper, not the new buyer, correct this to your favor.
 
   / My first Property Line Fence Issue... #6  
Yep... just did a comprehensive permit search and only sewer lateral...

The entire home was gutted to the studs... all new electric, plumbing, mechanical, widows, doors, walls removed... and the flipper is a licensed broker.

It sure does seem to exhibit blatant disregard.

Sewer lateral is required to sell here so not much choice... or posting a significant bond at the time of sale.

You are right... no sense starting off on the wrong foot with an innocent purchaser... they could end up with a lot of compliance issues as it is...

Permit and variance is required for any fence over 6' tall and this fence is 7' 4"... so this would generate a site visit should I complain and they I can only imagine where it would go from there...

I am very much a live and let live person...

Looks like I will be adding a gutter or extending my eves to help channel water from the roof.

The tree is real issue... it has caused a lot of problem for me over the years... I had a licensed tree guy ready to take it out on my dime... as it is against my garage foundation... they said they like the tree as focal point...

City Life...


So is that tree encroaching on your property from the adjacent property? That looks pretty egregious.



TBS
 
   / My first Property Line Fence Issue... #7  
If this was the new neighbor, I might think about it. Since it's the non-resident developer with deep pockets, I'd dial the digits. Get it resolved before they can sell it.

There's got to be something about restricting maintenance access to your building.
 
   / My first Property Line Fence Issue... #8  
I would definitely go after the developer, by complaining to the city.
I would resolve the issue NOW!
Eventual buyer may not be nearly as helpful as you seem to hope.
 
   / My first Property Line Fence Issue... #9  
Don't YOU have a building setback requirement ? If it was me, I'd move my buildings back away from the line and add another story with an all-night flood light at the top.
 
   / My first Property Line Fence Issue...
  • Thread Starter
#10  
The fence by the garage is on the line.

Hard to see but the fence just before the garage was built 100% on my side several inches... as the 4x4 post attaches to my garage well under the eves and then jogs out 6" to the property line and continues "Through" the tree.

That tree as been a bane for some time... it is square on the line as far as I can tell... garages were all there first... ;-)

Tree removal requires $250 permit application, public placarding and public hearing... in order to proceed... probably why they went around it.

If I sold I would loose my established Prop 13 tax basis which is no small consideration... I have about 80k in it and if their 950 square feet sells for 650k I wonder what my 1150 square feet would bring?

Of course the home for sale was gutted to the studs and I have pictures...
 

Tractor & Equipment Auctions

2012 Case IH Patriot 3330 Self Propelled Sprayer (A50657)
2012 Case IH...
(INOP) NEW HOLLAND B95 BACKHOE (A50459)
(INOP) NEW HOLLAND...
2015 Ford Explorer AWD SUV (A50324)
2015 Ford Explorer...
BUYERS PREMIUM & PAYMENT TERMS (A51219)
BUYERS PREMIUM &...
2015 VOLVO VNL TANDEM AXLE SLEEPER (A51219)
2015 VOLVO VNL...
48ft Low Boy T/A Trailer (A49346)
48ft Low Boy T/A...
 
Top