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  1. #1
    Join Date
    Dec 2010
    Posts
    5

    Default Zoning Violations vs Property Line Issue

    My question involves real estate located in the State of: Harnett county North Carolina

    My neighbor that Ive never met (usually lets out the house) came over today and told us our fence front is on her property (we were the last to move in and the back was already fenced on all three sides so we just ran fence over from the front corners of our house to butt up to theirs) So I pull out our surveyors map and measure out 12' from the footprint and we only have 1" over the line... she built right up to the line at the front of the house and let it run slightly back onto her property so at points shes about a foot back. I told her I could trim back the attachment an inch or two, but she still wont have access to the yard and would be tresspassing getting to it. I also told her we could go in TOGETHER to move the fence onto the line but she seemed resistant to that idea thinking she has a perfectly good fence. Now the funny part.... while looking at the zoning reference, her house is 1' from the property line way inside the 5' setback (actually think its a 10' setback) zoned RA-20R and the eaves are 4" over.
    http://www.harnett.org/planning/comp...egulations.asp
    http://www.littleandyoung.net/assopa...ll Lex/cov.pdf

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Zoning Violations vs Property Line Issue

    it doesn't matter where her house is as far as setbacks go when dealing with your fence. If it is on her property and she wants it moved, that is what you do. Her house may have been granted a variance or the setback may not have been the same when her house was built.

    The method you used to measure is not legally accurate. The only accurate determination is one taken from the corner pins or other monuments.

    and the foot of her property on your side of the fence is her property as well. She is liable for the maintenance of that foot of property.

  3. #3
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Zoning Violations vs Property Line Issue

    I told her all I really legally need to do is cut off like 2" of the vinyl connector (two inches to be sure) to be completely and 100% only on my property if she wants to make a stink about it and she still wont be able to access the other side of the fence. I told her I would be willing to go in together on moving her fence at the back closer to us and onto the property line but she doesnt know what she wants. The only other option is that I act like a jerk and build a whole new side fence an inch back from the property line and shes still liable for that foot between fences she now would have to tear down her fence to get to. I only bring up the setback incase she gets nasty as Ive only been pleasant despite the fact she brought this up on xmas eve. Her house was only built a year before ours in a brandnew subdivision with all the same zoning laws so how would I find out if the property has a variance to the setback laws put forth by both NC and the covenants of the SD? Also, wounldnt that be technically considered trespassing walking through my yard to get to that stretch where her fence deviates??? Not trying to be a jerk here but I get the feeling shes gonna be a a b**ch about this. Ive been cutting that grass all year and never complained about it.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Zoning Violations vs Property Line Issue

    yes, walking on your property without permission would be a trespass.

    You would have to review the permits on her home to discover any sort of variance. Unless there was some necessity for a variance due to the lot size where the house could not be set so it did not infringe on any setbacks, I doubt there was a variance granted.

    You would go to the building department (the department that issues building permits) to research the permits on her home.

    there are several different classes of use under the RA-20R. One of them does allow a 5' setback on side lines.

    but, before getting all excited, you need to have an accurate sideline determined either by a surveyor or, if available, pins set by a surveyor. Measuring from your foundation is not legally accurate.

  5. #5
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Zoning Violations vs Property Line Issue

    the great part is she already had the rebar pins put in from a surveyor and her turf line is roughly a straight line between pins (Bermuda vs centipede lol) I can remove a portion of that connector piece and my dogs still wont be able to escape, so if I have to, out will come the saber-saw to fix my part of the problem.... so what then, do I just not cut her 1' strip of grass and let the HOA handle it? (if she wants to be a problem that is) I get the feeling shes just mad that she bought a fence and then we didn't have to.... they put it up for her renters about three months after we moved in probably for liability reasons because we own a doberman, albeit a well tempered one.
    found this from harnett county's site.

    Where should I put my fence?

    Harnett County does not regulate where you put up a fence; however we recommend that you put it one (1) foot from the property line.

    If you build a fence on the property line, it becomes shared property between you and your neighbor(s). Also, unless you have recently had your property surveyed, your estimate of the location of the property line may be off by a few inches. Building a fence (1) foot from the property line will help to prevent you from running into issues in the future with these types of situations.

    Additionally, if you have any easements on your property, your fence should not be built on them. If it is built on an easement, the person or people deeded use of the easement may remove the fence at their own discretion.


    I appreciate the discussion on this btw... was frustrated to the point of anger and this helps.... felt like she was accusing me of plotting to steal her 1'x10' stupid strip of grass

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Zoning Violations vs Property Line Issue

    if it was me and I wanted to be a pain in the butt I would; trim your fence so it is within your property line, install a fence within your property where hers does not come clear to the property line, and then complain to the HOA about her lack of maintenance when her grass in between the two fences is allowed to grow unabated.

    be warned though; in the area where she has property on your side of her fence; if your dogs go to the fence, they are on her property. You would be liable for and damages they cause either to the fence or the land itself (urine burns, fecal matter).

    This really isn't a fight you want to get into. It can get real ugly for both sides. You should make an effort to find a peaceful solution. You will both likely be there quite awhile and it usually only gets uglier with the passage of time.

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