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  1. #41
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    Jan 2006
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    My point isn't to make a convincing theory. It is to prove the city is making an improper initial determination and in the process, creating a defense for the op should the city attempt to enforce that Questionable initial determination.


    I do not agree the fence creates a violation. I'm just suggesting a means of making the city make the same conclusion or to prevent the fence being constructed in a manner they do rule it would create a violation.


    as to asking the neighbor to build the fence differently;

    have you all missed the point the neighbor is threatening to build the fence with the intent to create a code violation causing problems for the op?

  2. #42
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    That is the OP's belief, just as it's his belief that the code official is somehow intimidated by the neighbor. He can continue to run with those impressions, or he can attempt to resolve the matter should the code enforcement official press the issue.

  3. #43
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    Upon re-reading the original post I see your point. It could be nothing more than speculation by the op.

    I probably gave too much weight to the reference to issues with the neighbor suggested in that post.


    With that, negotiating with the neighbor seems to be a valid suggestion.

  4. #44
    Join Date
    Apr 2012
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    29

    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    There is no negotiating with the neighbor. This 'get off my lawn' old man had been harassing me ever since I got my driveway redone/extended 18 months ago.

    There are now pages of back story - but I didn't want to muddy the waters in regards to the fence question.

    The neighbor is now using this threat of the fence as leverage.

    The reason there is a brand new chain link fence along the back of my pool now is that the neighbor read the code, and found my backyard neighbors fence wood was faced the wrong way. So with literally no safety concern for HIS actual property, he called the town to spite me. So I literally just finished 'completing the square' on my pool fence about 2 months ago. And THEN learned of his new threat.

    I have tried to speak to the guy twice (after all, it was just a driveway being redone right?).... no luck. I really don't want to rehash that rabbit hole anymore though. I just want to get to the bottom of this current issue - and then when I know it is all done and over, take a big sigh of relief and drink a cold beer!

  5. #45
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    I didn't previously to post this information because there's no guarantee that you'll get the same answer or that the office's policies haven't changed, and there's a possibility that the statement wasn't accurate, but I came across a statement from a person in New York who was faced with a situation almost exactly like yours, and he stated that a DCSA/BSC official told him that they don't care about how close a pool barrier that meets code on your property comes to a fence that is subsequently built on somebody else's property. It's possible that this will become a moot issue if and when your local code enforcement officer contacts the BSC for clarification of their rules.

  6. #46
    Join Date
    Apr 2012
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    29

    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    Ok, I called the state code office - and spoke with someone about it. They are on the same page as all of us - It isn't my fence, so it has no bearing on my fence's compliance. The guy actually KNEW the local code guy, so he said he would call him and get back to me. As of right now, I have not heard back - but it is possible they didn't connect. I don't know why I am still antsy, but until I hear that this is a DONE deal I will be worried.

  7. #47
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    Jan 2006
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    Looks like you are on your way to be able to look the neighbor in the eye and say:


    https://38.media.tumblr.com/3e0ab132...o10_r1_500.gif

  8. #48
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    Apr 2012
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    29

    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    Yes - that would be nice once this is all over. A question - the neighbor was saying he wanted 'peace' by using the fence as a threat against me (even though he has been the aggressor).

    Since I have been on the receiving end of my neighbor's complaints, I CERTAINLY want to have peace. I know that with a contract, things can be legally binding, but what about with an agreement? E.g. - I dont do this, neighbor doesn't do that - we both sign it/notarize it. Is that something binding? Or does the agreement have to contain penalties for non compliance?

    My thoughts are that if the neighbor truly wants peace, then formalizing it with an agreement shouldn't be too much to ask. (I simply don't trust the guy!)

  9. #49
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    Jan 2006
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    If it doesn't contain penalties or there are damages due to a breach, should either party breach the agreement it is meaningless. You can say: you breached the agreement, but without a penalty clause or damages that's all that can happen.

  10. #50
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    Nov 2013
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    Default Re: Can a Neighbor's Fence Put a Pre-Existing Fence Out of Compliance

    The law is on your side with respect to the fence. What do you need to enter into a contract with the neighbor for? That would be a big mistake in my opinion.

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