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Old 08-17-2013, 01:28 AM   #1
I-Hate-Hulse
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According to my RPR, the "property boundary" is 1.8m from the foundation of my house. If I measure that it takes me to the exact edge of the poured patio between our houses that was done by the builder. The fence between us butts right up against the edge of this poured patio.

Is the fence technically on my side of the line, on the line, or over the line? I'm not sure where the "line" technically starts and ends.

Assuming the fence post is 4" wide, if I wanted to build something without encroaching on the neighbor's property line would I:

a) build to the edge of the fence post closest to my house?
b) build the mid point of the fence post? (2")
c) build to the edge of the fence post closest to the neighbor?

I'm guessing it's a)?

Last edited by I-Hate-Hulse; 08-17-2013 at 08:59 AM. Reason: I mean to say a), it was late - honest!
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Old 08-17-2013, 01:59 AM   #2
GP_Matt
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You would have to have the property line laid out by a surveyor to say for certain but the line itself is razor thin.
If the property line is at 1.8 m from the house and the fence splits it then the fence is encroaching on both properties. If the line is on one side or the other then the fence is on that property.
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Old 08-17-2013, 06:50 AM   #3
WilsonFourTwo
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Sounds like the fence is on the neighbor's property. If the patio goes right to the edge of the property line, everything afterwards must be off it.

Anything you build needs to be 100% on your side of the property line. GP_Matt has it bang on though - you'd need a survey to be 100% sure of where the line is. My guess is $250-$500 range (2 guys, 1-2 hours).

As for the fence itself, here's hoping you have cool neighbors. It'll make life so much easier for you!
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Old 08-17-2013, 07:30 AM   #4
Jedi Ninja
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What are you planning on building? I don't believe you are allowed to build either a deck right up to the property line... I think a deck has to be 4' and a shed 2' from the property line?

Last edited by Jedi Ninja; 08-17-2013 at 07:33 AM.
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Old 08-17-2013, 09:41 AM   #5
I-Hate-Hulse
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Thanks all for confirming my suspicions on what to do to stay "on my side" of the line. We are putting in some landscaping changes but need to know where to "end" the landscaping. I'm sure the landscaper has a pin locator but it would appear the fence is on "their side".

I guess the thing I'm not certain about this is this: if the property line is an imaginary line 1mm wide - what's the legal definition of being "on the line" if I'm building a fence. Does the fence only have to "touch" the property line? (I understand 100% of the fence being on either side of this line would constitute it being "mine" or "theirs")
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Old 08-17-2013, 07:06 PM   #6
GP_Matt
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To be legal you should build a fence entirely on your side of the line. Anything else is trespassing.
Realistically though most people build a fence with their neighbours and share ownership so they have it straddle the line.
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