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  1. #1
    Join Date
    Jul 2012
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    3

    Default Fence on Property Line Extending Out to Road - Obstructs Driveway View

    My question involves real estate located in the State of: Arkansas

    We built a house in the summer of 2005 and our driveway is near our property line with a neighbor, in a semi-rural neighborhood. About a year after moving in our neighbor put up a nice vinyl fence between our properties exactly on the property line, which stopped about 20 ft from the road. It is an 8 ft privacy fence which really obstructs our view backing out of the driveway, and has us worried when our kids are riding their bikes. We didn't like it at first, but never said anything to them, but now as our kids are getting a little older and are outside riding their bikes more we are disliking it more. The neighbors have recently added to this fence 2 more sections to bring the fence within 6ft of the street. These new sections are ~45" high, but it makes the view worse for us backing out, and for people coming down our road, being able to see anyone coming out of the driveway.

    We want them to take down the fence to at least 25 ft from the street. We live in the county in an unincorporated area, but a developed subdivision, with a Bill of Assurance for our neighborhood. It clearly says no fences within the building line (which is 25ft). We aren't trying to be bad neighbors, and the fence looks nice, but it is right on the edge of our driveway, and now is almost literally to the street between our properties. Could there be any state or county laws that would have precedence over the Bill of Assurance? And likewise, if there are NOT any state or county laws for fences obstructing driveway views, is a Bill of Assurance enforceable? We just want them to move it back to a safe distance where we can see. Also, this fence is not enclosing their yard, but just serves as a physical boundary of sorts.

    Thanks for any help or suggestions. (I have approached the neighbors and they are unwilling to remove it, but would lower the last 10ft of fence next to the street, which doesn't help).

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Fence on Property Line Extending Out to Road - Obstructs Driveway View

    is there some reason you are not wanting to enforce the Bill of Assurance regulations? Surely seems like that is the answer.

    Is there an active HOA?

  3. #3
    Join Date
    Jul 2012
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    3

    Default Re: Fence on Property Line Extending Out to Road - Obstructs Driveway View

    No, I guess that is what I am really asking?. This extension of the fence just occurred, and I just talked to them today, so I am still in the "research gathering" phase. I just want to make sure I have all the information I need and not missing any exceptions if we indeed go to court, which appears likely. I am approaching my research from their point of view (i.e., is there anything they could come up with in court that would allow them to keep the fence).

    And no there is no active HOA, just a Bill of Assurance with the residents of 8 lots involved.

    Also, since they had the other part of the fence up for ~6yrs now, would it present a problem asking them to remove part of that? The 10ft of new fence, plus another 5-10ft of the old fence. Since I hadn't asked before?

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

    Default Re: Fence on Property Line Extending Out to Road - Obstructs Driveway View

    just want to clarify this a bit:

    the Bill of Assurance; is it a stand alone document? Is it attached to the deeds of the area by reference if so? or is it somehow incorporated within the deed?


    basically, trying to see if the Bill is enforceable.

  5. #5
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Fence on Property Line Extending Out to Road - Obstructs Driveway View

    It is a stand alone document, but it was filed along with the plat, prior to the sale of any of the lots in the subdivision.

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Fence on Property Line Extending Out to Road - Obstructs Driveway View

    I would have to presume the neighbors deed does reference the Bill and requirement to abide by it but just to be sure, get a copy of the neighbors deed and verify that. Then, I would start with a demand letter stating that the neighbor is in violation of the Bill of Assurrance (include the applicable section/rule). You may consider having a lawyer write that letter.

    If he refuses to comply, your only available action would be to sue him and ask the court to enforce the rules of the Bill.

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