Fence Dispute

[fredr123]

Originally Posted by Frank the Tank

That'd be like a condo community or something similar. You can do virtually anything to your house/property if its a detached home you can do almost anything within reason. There was a dispute that made the news near my house a while ago. In the end, the snotty neighbour lost, and the home owner made several planters out of old toilets on his front lawn. Good for him I say.

Consider looking at the encumbrances registered on your title. There might be a restrictive convanent on their for some kind of common building scheme. It may be the case that such a document would restrict certain things you could do to your own property. In the case of restrictive covenants that burden all the properties in a building scheme and are for the benefit of everyone in that scheme, then they may be enforced by anyone who is interested in the scheme (i.e., your neighbor).

Negotiating like adults is never a bad move, but before you begin to put your foot down make sure you have a legal leg to stand on. Order a copy of your title and get the encumbrances too. Probably about $5 a piece.

[troutman]

Try and work it out if you can; you have to live next to each other. Mediation is a good alternative.

Here is an example of what can go wrong (could be an urban legend):

This is a true story, it happened in Utah and was on the news!

Here's the story. A city councilman, M., lives in this neighborhood. He had a beautiful view of the east mountains, until a new neighbor purchased the lot below his house and built.

Apparently, the new home was 18 inches higher than the ordinances would allow, so M, mad about his lost view, went to the city to make sure they enforced the lower roof line ordinance. M. and his new neighbor had some great arguments about this as you can imagine - not great feelings.

The new neighbor had to drop the roof line - no doubt at great expense. Recently, M. called the city and informed them that his new neighbor had installed some vents on the side of his home. M. didn't like the look of these vents and asked the city to investigate. When they went to M's home to see the vent view, this is what they found...

[HalifaxDrunk]

Yep, I kinda went through the identical situation. We have a Yellow Lab and wanted a chain link fence to keep him close.

We bought our house in the fall of 2005 and the only time I ever spoke to my next door neighbor he asked if we were going to put up a fence for our dog. We said "Yeah, in the spring we'll put in a chain link fence". He got kinda pissed saying we should put up wood. He didn't offer to split on the cost and was clearly not intending to pay one cent. We told him chain link is more durable and lasts longer. Not to mention the houses behind ours are higher so a wooden fence wouldn't provide any privacy anyway.

The Idiot has neighbor has latticework all over his deck for privacy and was hoping for a free fence.

Anyway, last spring in the snow thaw apparently there was a dog poop on his lawn. There is only about a 3-5% chance it was my dogs as we watched him EVERY time he went out all winter and picked up right away. Even if it wasn't my dog's and he did the neighborly thing of politely letting me know there was poop on his lawn I would of cleaned it up. But no, what does the Idiot Neighbor do instead? He calls Animal Control. I came home from work to find a letter on my door. I had to call them and have a conversation about picking up after my dog. The guy at Animal Control was really cool about it and said it was procedure to call but it sounded like a crap call (no pun intended). There was no fine or report.

In the end it worked out even better than I could have hoped. Last spring when we went to put up the fence we had our land surveyed. His storage shed was on our property and he had to move it. We put up chain link and I haven't spoke to him since but do talk to his kids now and then.

Best part of the story! His house sold 2 weeks ago.....he is gone once his kids are done school.

[Bobblehead]

Re: Troutman:

According to Snopes, it's true.

[Log]

What about putting up a chain link fence and get those privacy slats to go in so the baby can't put their hands through the fence.

I'm building a new house right now (sept possession) and plan on having chain link fence all the way around and will then put in the privacy slats.

[Log]

Originally Posted by troutman

Try and work it out if you can; you have to live next to each other. Mediation is a good alternative.

Here is an example of what can go wrong (could be an urban legend):

This is a true story, it happened in Utah and was on the news!

Here's the story. A city councilman, M., lives in this neighborhood. He had a beautiful view of the east mountains, until a new neighbor purchased the lot below his house and built.

Apparently, the new home was 18 inches higher than the ordinances would allow, so M, mad about his lost view, went to the city to make sure they enforced the lower roof line ordinance. M. and his new neighbor had some great arguments about this as you can imagine - not great feelings.

The new neighbor had to drop the roof line - no doubt at great expense. Recently, M. called the city and informed them that his new neighbor had installed some vents on the side of his home. M. didn't like the look of these vents and asked the city to investigate. When they went to M's home to see the vent view, this is what they found...

I'd be less than happy too, but those are them breaks. If Mr. M wanted his mountain view to be preserved, he should have bought the other lot and not developed it.

My wifes uncle and aunt live in Cullen Creek Estates just west of Calgary, they used to have a very nice view of the mountains to the west. In recent years people have been building to the west of them slightly affecting their view. Are they happen about it? No. But you can't do anything about it anyways and you just have to deal with it.

[McG]

having been in the situation where there WAS an agreement with what fence was going in...and on the property line and payment and etc...and then coming home to find something completely different done...i was choked.

but...completely within the neighbours' rights, they built it entirely on their side. so whether or not there was an agreement...he decided otherwise and did his own thing entirely on his side.

and i think that is the key. whatever you do on your property entirely is up to you...subject of course to bylaws etc.

If your neighbour doesn't like the chainlink fence that you put up on your property...they can always build one that they want on their side of the property line. i know that it seems like a waste...but if you continue to disagree with them that is all that you can agree on.

in my case...we sold and moved before i got around to building the fence that i wanted...so the purchasers of my house got a visibly bigger yard...but not legally if that makes any sense.

the phrase "good fences make good neighbours" is true.

for my house now...all fences are mandated by the developer for 25 years so that has removed any disagreements amongst neighbours...it removes choice but it also means that everything is predetermined. for better or worse.

[Locke]

Originally Posted by CaptainCrunch

They're trying to get you to build the fence that they want, and for you to pay for it, put up your fence, if they want to take action, they can take action.

But if they did and it was my fence, I'd electrify the bloody thing, put up security camera's and spotlights, and put a basket ball court in the back yard and inform them that your property is a governent approved half way house, and if they don't like it they can move.

Then to push it home, I'd buy a prison guard uniform and patrol my back yard at night.

Or is that taking it too far.

Thats awesome, every time your friends come over or you have a barbeque in the back yard everyone has to wearing the orange jumpers while you wear the guard uniform. Your neighbor will either buy it, or commit you.

I applaud your imagination, neighbors everywhere will rue the day you get your own home I bet.

Locke.

[GreenTeaFrapp]

Tell your idiot neighbour that you don't have the money right now for a wood fence so it's either a chain link fence or no fence and your dog will be in the backyard on a long leash. Which one do they think is less safe?

I had an idiot neighbour that didn't want to share an equal cost of the fence between our houses nor did he want it on the property line. A fence that I pretty much put up to keep his creepy kids and his garbage off my property.

When he came over to pay his "share" which worked out to about 10% of the cost, I told him to get lost and that he'd better not attach his fence to mine.
So he put this absurdly stupid looking extensions on his fence that stopped inches from my fence. He later tried to close the gaps by putting cedars there. That didn't last long considering he didn't water them and I salted them.

Thankfully the cheap is gone and all the neighbours are delighted.

[tvp2003]

Originally Posted by fredr123

Consider looking at the encumbrances registered on your title. There might be a restrictive convanent on their for some kind of common building scheme. It may be the case that such a document would restrict certain things you could do to your own property. In the case of restrictive covenants that burden all the properties in a building scheme and are for the benefit of everyone in that scheme, then they may be enforced by anyone who is interested in the scheme (i.e., your neighbor).

Thanks for explaining that... I probably should have known that (and did to some degree), but it makes total sense now that you've explained it.

[Burninator]

Originally Posted by Log

I'd be less than happy too, but those are them breaks. If Mr. M wanted his mountain view to be preserved, he should have bought the other lot and not developed it.

My wifes uncle and aunt live in Cullen Creek Estates just west of Calgary, they used to have a very nice view of the mountains to the west. In recent years people have been building to the west of them slightly affecting their view. Are they happen about it? No. But you can't do anything about it anyways and you just have to deal with it.

What? Buy another lot? Hardly a feasible plan.

Cities have bylaws in place so people don't lose their views, that is one of the reasons they are there. If you live in a house I don't think you would appreciate living in the shadow of 4 or more storey house. You can't protect everyone's view 100% percent, but you can certainly lessen the impact. I don't see why you would have to "live with it".

[OracleOfCalgary]

Most new communities have Restrictive Covenants that dictate what type of fence can or cannot be built. Sometimes they will actually dictate chain link so that you do not disturb your neighours view of a greenspace, other times they will dictate privacy fences. Personally, I would be depressed I bought a new home only to find that my neighbour had a big dog that was going to bark at me every time I was trying to enjoy my back yard. A chain link fence just doesn't cut it. Tell them you will go for wood if they will pay half. That is fair. And check your restrictive covenants.... your builder should have provided you with that.

[Regehr_28]

If my dog was a barker or in anyway a danger to people I wouldnt put up a chain link, my parents community where he and I lived before dicated chain link and he was never a problem unless a squirrel came on the property. He is mainly an inside dog and I never leave him outside overnight or when I am out. The reason I personally didnt want a wood fence is the cost and the up keep required as well as the closed in feeling it gives. The builder has prvided the back part of the fence which is chain link.

[Cerebral]

Give her a call and explain you'll allow them to put up their own fence to keep the baby in their yard.

[Sylvanfan]

Yeah, just make sure it's on your property and put up the chain link so long as it's within the architectural guidelines of your neighbourhood. Than they can't do nothing. Besides do they plan to just let their baby crawl around their yard unsupervised. Sounds like a couple who's afraid of dogs....Stand at the edge of your yard and bark and growl at them yourself.

[KTown]

As long as the fence is on your side and there are no community regulations to the type of fence you want then your neighbours are out of luck.

I put up my fence first on my house because I wanted a wooden fence. I did it before the neighbours did theres. They wanted a chainlink, that being said there happy with the job I did and paid me for the third thats near there property. I put it on my property incase they tried to say something.

Your fine and you should make sure your music is loud right up until your required to keep the noise down just to piss them off and then hopefully they'll move.

[return to the red]

Perhaps you should introduce the neighbors to your dog. It's one thing to see a HUGE dog in a back yard, it's another to actually interact with it. If that doesn't work introduce them to the flaming bag of crap.

It's a shame that they were so harsh right off the bat because I really doubt they will turn into good neighbors but you never know

[Kjesse]

I love the story about the cactus/middle finger window! A true classic.

If its on your land, its your fence. If its on the property line, other considerations apply. Here's a link to the "Line Fence Act", a little known piece of Alberta legislation:

http://www.canlii.org/ab/laws/sta/l-...114/whole.html

Notably:

Settlement of disputes
3(1) If adjoining owners or occupiers of land disagree as to
(a) the quality of the fence that has been or that is to be erected,
(b) the proportion of the value of the fence to be borne by the parties to the dispute,
(c) the amount of the expense incurred in erecting, maintaining or repairing the fence,
(d) the proper location of a proposed or existing line or boundary fence,
(e) the just proportion of a line fence that each owner or occupier should make or put in repair, or
(f) the amount that an owner or occupier should pay as compensation to the other for making or keeping in repair any fence,
they shall each appoint an arbitrator to determine the matter in dispute.


EDIT: This Act used to apply to all fences, it seems in 2003 an amendment was passed to make it only apply to rural areas. My bad.

[Red]

I'd put loose chicken wire, ugly and unsafe fence and tell them that it satisfies your needs.
Chances are you'll have a brand new wooden fence within a month at no cost to you.
Remove the chicken wire and return to home depot :-)

[redforever]

Originally Posted by Flashpoint

The first thing you want to do is talk to them - it might save you a ton of time and heartache. Invite them over for dinner, sit down, act like adults and try to work something out. Tell them that you want the fence to keep the dog inside your property. Ask what you can do to be a good neighbour for them - would planting hedges along the fence help?

You both have "rights", but talking it over could be the best way to deal with it and maintain a relationship of respect.

Great idea and I think it might be the solution. Dont know if you need to invite them for dinner, but coffee and a chat is certainly a good thing.

I think that the woman in question is afraid of big dogs and if that is the case, seeing them will bring out the fear and irrational behaviour. And if they are afraid, they will sound unreasonable and say they dont want the dog to attack their baby....

But I do believe you will be within your legal rights to just put in a chain link fence. Perhaps you might ask her if you had a chain link fence to provide protection from a swimmng pool, would she have the same fear? Not that her baby would be attacked by a dog but the baby could drown?