Question About Altering a Shared Fence.

[Clarkey]

I want to put up a piece of lattice on one 8ft section of the fence shared with my neighbour on one side. The existing fence is 6' high and the lattice would extend about 1.5' above that. I would be attaching it to my side of the fence. It will be well done and look nice.

I'm putting it up there because I want more privacy. The people next door are really unfriendly and creepy, we catch the guy curiously peering over quite a bit so I thought this would help block him out, or at least get the point across. I know a bunch of people would suggest talking to him about it but I'd rather just put it up if I am within my rights. Does anyone know if I have to consult this guy before doing something like this, considering it's on my side of the fence?

[ken0042]

I would be sure to do that to all the sides of the fence, not just to keep creepy guy from looking over.

[awildermode]

Originally Posted by ken0042

I would be sure to do that to all the sides of the fence, not just to keep creepy guy from looking over.

then you become the creepy guy.

you may have to talk the the guy. might be easier to plant some tall trees. that way, you do not interfere with a shared fence.

[Swarly]

the only reasonable plan of action I see is moving

[Rathji]

Originally Posted by Clarkey

I want to put up a piece of lattice on one 8ft section of the fence shared with my neighbour on one side. The existing fence is 6' high and the lattice would extend about 1.5' above that. I would be attaching it to my side of the fence. It will be well done and look nice.

I'm putting it up there because I want more privacy. The people next door are really unfriendly and creepy, we catch the guy curiously peering over quite a bit so I thought this would help block him out, or at least get the point across. I know a bunch of people would suggest talking to him about it but I'd rather just put it up if I am within my rights. Does anyone know if I have to consult this guy before doing something like this, considering it's on my side of the fence?

I may be mistaken on this, so call 311 to check for sure.

This will make your fence higher than 6 feet. You cannot have a fence higher than 6 feet within the city unless your property is zoned for Industrial/Commercial or you keep (and are allowed to keep) horses.

If this is the case then you probably can still do it, but you need to apply and be approved for a development permit. This means posting the notice thing and allowing your neighbors or anyone affected by it to voice concerns etc.

My suggestion is to invite a bunch of overweight 40 + male nudists to your yard for the afternoon one weekend and your neighbour will think very carefully about looking over the next time the opportunity arises.

[DESS]

Just do it. Worst case scenario your neighbour will have to jump through a bunch of hoops to make you take it down. BFD.

[Jedi Ninja]

Originally Posted by DESS

Just do it. Worst case scenario your neighbour will have to jump through a bunch of hoops to make you take it down. BFD.

No, worst case scenario is he takes down said lattice and you are out the cost of the lattice and your time.

[valo403]

Originally Posted by Jedi Ninja

No, worst case scenario is he takes down said lattice and you are out the cost of the lattice and your time.

Sure, but realistically what are the chances that happens? Unless you're in a condo complex where these things are monitored nobody is going to make you take down the lattice. Even if the neighbor takes it down you're only out a few bucks and a couple hours, I'd go for it.

[You Need a Thneed]

According to the land use bylaw, fences can be a maximum of only 6 feet tall. You have to get a development permit if you want to go higher than that. Your neighbour could just complain to the city, and you could be ordered to take the addition down.

In the case of a 7.5 foot high fence, I'd say that scenario is likely.

[valo403]

Originally Posted by You Need a Thneed

According to the land use bylaw, fences can be a maximum of only 6 feet tall. You have to get a development permit if you want to go higher than that. Your neighbour could just complain to the city, and you could be ordered to take the addition down.

In the case of a 7.5 foot high fence, I'd say that scenario is likely.

Really? You think a complaint is likely? Maybe I'm just naive, but I don't know anyone who would complain about a foot of lattice on top of a fence if it's done tastefully.

What are the consequences anyways? If it's just removal I'd say it's worth the risk, putting it up isn't going to cost much in terms of time or effort. Unless I'm drastically underestimating the chances of it being reported.

[moncton golden flames]

City Bylaw states 6'-6" is maximum height for a fence.

[Rathji]

Originally Posted by valo403

Really? You think a complaint is likely? Maybe I'm just naive, but I don't know anyone who would complain about a foot of lattice on top of a fence if it's done tastefully.

What are the consequences anyways? If it's just removal I'd say it's worth the risk, putting it up isn't going to cost much in terms of time or effort. Unless I'm drastically underestimating the chances of it being reported.

I think a complaint would be likely, but it depends on the neighbours. At my place, both our decks pretty much back into the fence, so if I went to the neighbours and asked them to add a foot or 2 they would probably be happy with it. If it just juts up in the one place and looks bad, the chances go up drastically.

Consequences are you lose a couple hundred bucks of lumber, lattice, etc plus your time and possibly face a fine.

A better, but more expensive solution, would be to put in columnar aspen as a privacy screen. Even smaller caliper ones are gonna be high enough to obstruct view, and narrow enough as they mature that they don't eat up a large chunk of the yard.

[valo403]

Originally Posted by Rathji

I think a complaint would be likely, but it depends on the neighbours. At my place, both our decks pretty much back into the fence, so if I went to the neighbours and asked them to add a foot or 2 they would probably be happy with it. If it just juts up in the one place and looks bad, the chances go up drastically.

Consequences are you lose a couple hundred bucks of lumber, lattice, etc plus your time and possibly face a fine.

A better, but more expensive solution, would be to put in columnar aspen as a privacy screen. Even smaller caliper ones are gonna be high enough to obstruct view, and narrow enough as they mature that they don't eat up a large chunk of the yard.

Ugh, I hate those trees. We had one in my backyard when I was a kid, one. A single tall skinny tree, an unhealthy one at that, sticking up along a 30' stretch of fence. Not one of the finest landscaping moments by the family.

Maybe there's a way you can sell this to the neighbor without bringing up the 'you're creepy' angle. Tell him it's for some vines or something. I'm assuming if there's no complaint the chances of you being required to take it down are pretty slim. They don't actually send people around looking for tall fences do they? Please say no.

[RogerWilco]

http://www.calgary.ca/DocGallery/BU/...res/fences.pdf

Information on Land Use Rules for fences. Worst case is if by-law officials come by they can order the removal of the addition to the fence. For them to come by most likely someone would have to complain. In most cases you are given a dead line to remove the construction and if it is not removed then the city will impose a fine. Not sure how much the fine is.

Also if you wish to build a higher fence this is the application requirement list:

http://www.calgary.ca/DocGallery/BU/...relaxation.pdf

Also if you have a copy of your Real Property Report you can see for sure whos property the fence is actualy on. Very often people assume it is on the property line but it very rarely is directly on the property line.

[redforever]

Originally Posted by valo403

Sure, but realistically what are the chances that happens? Unless you're in a condo complex where these things are monitored nobody is going to make you take down the lattice. Even if the neighbor takes it down you're only out a few bucks and a couple hours, I'd go for it.

creepy neighbor = increased chances

[jammies]

Every time I saw him peering over I'd be "hey, how are you doing?", and then start talking about inane crap like the best kind of suspenders to wear or the NFL draft.

At best, you discover he just has poor social skills and he ends up being an ok guy, at worst he learns that looking over the fence means he has to listen to you rattle on and on about nothing.