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  1. #1
    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.

  2. #2
    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.

  3. #3
    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

  4. #4
    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.

  5. #5
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Zoning Violations vs Property Line Issue

    well I offered to go in on a fence with her ON the line so we both can make the best of smaller back yards and she didn't jump on the offer so I'm not clear on what she really wants.... If she wants me to build a fence a foot back from the line also, shes smoking crack. She should have contacted me when she decided to build in the first place but this is the first time I've even ever met her. (we met the neighbors across the street when they backed out into our car lol)
    Ill go check out the permits before I say another word to her.... I cant believe the home builders would violate the code like that, but if in the case they did, do I just tell her leave the fence thing alone or Ill report your house as not within code (its a 5669sft lot so it should be 5' sides) and I also read in the covenants that eaves aren't subject to overhanging property lines so that's out, oh well.

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

    Default Re: Zoning Violations vs Property Line Issue

    the setback is to the furthest most protrusion from a house. In most homes that is the eave, or actually the gutter if one is employed. Without knowing what rights she has to have the house where it is, if she even has any, it is usually not a good idea to start blackmail attempts at this point.

  7. #7
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Zoning Violations vs Property Line Issue

    hey, even better.... just looked up her parcel and got her name etc and shes a Captain on Ft Bragg..... Did I mention Im only an E5??? (Sergeant for all the nonmilitary types)
    does JAG even handle these types of things????

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