Can HOA Force Us to Share Fence Within Our Property Line with Neighbor

[jenaimarre]

My question involves real estate located in the State of: West Virginia

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

Fence is about 3" from corner pins. At time of fence installation, HOA guidelines were "fence have to be within property line" - Now they request 1 foot from property line so the neighbor says he cannot take care of the land around & maintain his fence within such a narrow space since we didn't leave 1 foot as well. We feel it's an excuse because he doesn't want to go through the expense of building a back fence. When he applied for fence approval (only one side wall!) he mislead the HOA saying we are on the property line.

[llworking]

My question involves real estate located in the State of: West Virginia

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

Fence is about 3" from corner pins. At time of fence installation, HOA guidelines were "fence have to be within property line" - Now they request 1 foot from property line so the neighbor says he cannot take care of the land around & maintain his fence within such a narrow space since we didn't leave 1 foot as well. We feel it's an excuse because he doesn't want to go through the expense of building a back fence. When he applied for fence approval (only one side wall!) he mislead the HOA saying we are on the property line.

If your fence is only three inches from the property line why do you care whether or not he puts up a back fence? What harm would it do you to share that back fence?

He is right about one thing. If you are both 1 foot from the property line that does leave enough space for both of you to maintain your 1 foot. If the gap is only going to be 15 inches, that would be much more difficult. Who has been maintaining your three inches up until now?

[budwad]

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

The obvious answer would be yes they can because they did. You should read your CC&Rs to know what powers they have to do that.

However, if your rear neighbor doesn't attach to your fence you have nothing to say about it in the first place. The neighbor is able to install perpendicular fencing along his side yards and utilize your fence for the rear yard. Your neighbor will maintain your 3" as part of his property and if you need to maintain your fence from the neighbor's side, they will cooperate and perhaps contribute to any cost.

[adjusterjack]

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

That you live in an HOA is the answer to that question.

[jenaimarre]

If your fence is only three inches from the property line why do you care whether or not he puts up a back fence? What harm would it do you to share that back fence?

He is right about one thing. If you are both 1 foot from the property line that does leave enough space for both of you to maintain your 1 foot. If the gap is only going to be 15 inches, that would be much more difficult. Who has been maintaining your three inches up until now?

We found out that the HOA didn't give him approval for sharing our fence or attaching to it. They gave him approval for building his back fence a few inches from ours. He lied about everything! Sharing a fence requires mutual consent & clear, honest communication in terms of future maintenance & perhaps future choices. This is not possible when you cannot trust a neighbor who lies about everything: property line, survey, HOA approval.

The obvious answer would be yes they can because they did. You should read your CC&Rs to know what powers they have to do that.

However, if your rear neighbor doesn't attach to your fence you have nothing to say about it in the first place. The neighbor is able to install perpendicular fencing along his side yards and utilize your fence for the rear yard. Your neighbor will maintain your 3" as part of his property and if you need to maintain your fence from the neighbor's side, they will cooperate and perhaps contribute to any cost.

We found out that the HOA didn't give him approval for sharing our fence or attaching to it. They gave him approval for building his back fence a few inches from ours. He lied about everything! Sharing a fence requires mutual consent & clear, honest communication in terms of future maintenance & perhaps future choices. This is not possible when you cannot trust a neighbor who lies about everything: property line, survey, HOA approval.

That you live in an HOA is the answer to that question.

We found out that the HOA didn't give him approval for sharing our fence or attaching to it. They gave him approval for building his back fence a few inches from ours. He lied about everything! Sharing a fence requires mutual consent & clear, honest communication in terms of future maintenance & perhaps future choices. This is not possible when you cannot trust a neighbor who lies about everything: property line, survey, HOA approval.

[pg1067]

Can an HOA allow a neighbor to use our fence (which is within property line) as a common/shared fence without our consent?

First, please explain exactly what it means to "use our fence . . . as a common/shared fence." Also, a line is a one dimensional thing that has either finite or infinite length and no width. It is therefore physically impossible for a fence to be "within [a] line," so please explain what you meant when you wrote that the fence "is within property line."

Second, no one here has read your HOA's by-laws, CC&Rs, etc., so we have no way of knowing what your HOA may legally do.

[Zigner]

Also, a line is a two dimensional thing that has either finite or infinite length and no width. It is therefore physically impossible for a fence to be "within [a] line," so please explain what you meant when you wrote that the fence "is within property line."

You really don't understand the concept of something being "with [the] property line"?
You do understand that a square could be considered as bound by four lines, right? Do you understand that anything within those lines is within that square?
Same thing.

[pg1067]

You really don't understand the concept of something being "with [the] property line"?
You do understand that a square could be considered as bound by four lines, right? Do you understand that anything within those lines is within that square?
Same thing.

For starters, there was a typo in my prior post, which I have now corrected. A line is a one-dimensional thing, not a two-dimensional things.

Second, no, I don't understand what it means for something to be "within [a] line." Indeed, as I noted previously, it is physically possible for a fence (or anything else) to be "within [a] line," and I explained why that is. I certainly do understand the concept of something being within a square, and the reason for that is that a square is a two-dimensional object that has both length and width. However, understanding how something can be within a square does not explain how something could be "within [a] line." And no, those are not the same thing.

If the OP's statement that the fence "is within property line" was intended to convey that the fence is on one side or the other of the property line, then the OP can clarify that. However, you're not the OP, so your interpretation is not meaningful to me.

[Zigner]

For starters, there was a typo in my prior post, which I have now corrected. A line is a one-dimensional thing, not a two-dimensional things.

Second, no, I don't understand what it means for something to be "within [a] line." Indeed, as I noted previously, it is physically possible for a fence (or anything else) to be "within [a] line," and I explained why that is. I certainly do understand the concept of something being within a square, and the reason for that is that a square is a two-dimensional object that has both length and width. However, understanding how something can be within a square does not explain how something could be "within [a] line." And no, those are not the same thing.

If the OP's statement that the fence "is within property line" was intended to convey that the fence is on one side or the other of the property line, then the OP can clarify that. However, you're not the OP, so your interpretation is not meaningful to me.

It's unfortunate that you seem to have trouble grasping the real-world application of language.

[jenaimarre]

First, please explain exactly what it means to "use our fence . . . as a common/shared fence." Also, a line is a one dimensional thing that has either finite or infinite length and no width. It is therefore physically impossible for a fence to be "within [a] line," so please explain what you meant when you wrote that the fence "is within property line."

Second, no one here has read your HOA's by-laws, CC&Rs, etc., so we have no way of knowing what your HOA may legally do.

You are quoting a small part of my post & didn't seem to pay attention to the full info I gave upfront. I did specify that the fence is inside our property 3" from the corner pins. You're right, nobody else has read our HOA's by-laws, that's why some arrogant answers that jump to conclusions without knowing are unfortunately useless.

For starters, there was a typo in my prior post, which I have now corrected. A line is a one-dimensional thing, not a two-dimensional things.

Second, no, I don't understand what it means for something to be "within [a] line." Indeed, as I noted previously, it is physically possible for a fence (or anything else) to be "within [a] line," and I explained why that is. I certainly do understand the concept of something being within a square, and the reason for that is that a square is a two-dimensional object that has both length and width. However, understanding how something can be within a square does not explain how something could be "within [a] line." And no, those are not the same thing.

If the OP's statement that the fence "is within property line" was intended to convey that the fence is on one side or the other of the property line, then the OP can clarify that. However, you're not the OP, so your interpretation is not meaningful to me.

FYI, property line means perimeter line! within a property line means inside the land limited by the perimeter line!