Fence between neighbors (for sale, attorney, home)

[peellterra22]

Last summer my neighbors constructed a cedar fence, to enclose their 3 dogs, approximately 2 inches from the property line on the east side. To our south there is a vacant pasture with a very broken down barbed wire fence. We have plans this summer to also build a fence to keep our dogs in so they can spend more time outside and also so we can get a pool and have it totally enclosed for safety reasons. I actually have a couple questions.

1) Since our neighbors fence is not on the actual property line and there is about 2 inches between the fence and our property, if we try to enclose the east side of our property for our dogs do we take our north side run it east and then butt up next to theirs and use their fence to contain the east side property line, or do we need to stay on our side and run parallel to theirs?

2) If we have to run parallel just inside on our property line it wont be very feasible for my husband to be able to construct our cedar fence because there will not be enough room between the two fences. What can be done for us to have the availability to construct our own fence? Or can we then put the "good" side in? We also have a concern about the dogs in each property, my neighbors have a large Saint Bernard that has already broken some of the cedar boards, and shown aggression towards my dogs. So, we are worried about the dog breaking through and causing injury to our dogs. Which is one reason we are considering to construct our own fence parallel fence. Is there a law or code that prevents two fences being next to each other?

The owners of the vacant property to our south are very nice and have already agreed to let us remove the old barbed wire.

Any information that anyone can give us will be helpful. We already know where our property line is there is a stake in the ground for judgement on the east side of the property.

Sorry for rambling, was just trying to give as much information as I could. I will probably have more questions late

[PS90]

Fencing setbacks are going to vary by county. You will probably need to contact your county's Planning Department.

[mkarch]

Yes, depends on local jurisdiction. There's no reason you can't build two fences next to one another and unless it's prohibited by your locality. Two things to consider if you do that: 1) there's no maintenance access for either fence for cleaning, sealing, etc... 2) if there are trees in the area, the gap is going to fill up with leaves and debris and stay wet for long periods. This will cause the fence to rot much faster than if it were exposed.

[peellterra22]

Since the neighbors fence is on their side of the property line about 2 inches, can we still use the fence they put up as part of our enclosure?

[suzy_q2010]

Originally Posted by peellterra22

Since the neighbors fence is on their side of the property line about 2 inches, can we still use the fence they put up as part of our enclosure?

One comment here says you can tie on without permission, but it is always wise to check local ordinances.

Home Selling: My neighbor and I both want to install fences and we want to share the cost of the fence that divides our - Trulia Voices

"If the fence is within 6 inches of the property line, the fence is common between you and your neighbor and he could then connect without your permission and he would be responsible for the maintenance on his side of the fence and you your side. If the fence is more than 6 inches of the property line and he connected without permission, he would then be encroaching which could create an issue for a buyer when you place your home for sale in the future. Most people do choose to place the fence within 6 inches of the property line as it looks cleaner to have fences connected versus two fences 12 inches apart with weeds growing up between. Most neighborhoods covenants and restrictions require fences to connect versus two fences 12 inches apart.

So to answer your question, what you need to watch out for is you encroaching on your neighbors property or your neighbor encroaching on your property. If you place the fence within 6 inches of the property line each side basically placing the fence on the property line then you do not need to worry about encroaching. Any agreements between you and your neighbor will not carry forward with the buyer that buys your home or the buyer that buys their home unless you have an attorney draw up the agreement and it is deeded to both properties and recorded within the county you live."

Ask your neighbor if you can just tie onto their fence. If you do that, then take responsibility for maintaining your side, the neighbor has a big incentive to agree.

Once you reach an agreement, put it in writing and record it so that buyers of the two properties in the future are aware of it.

[peellterra22]

Thanks a whole bunch Totally answered my questions.

[Ultrarunner]

Wood fences are not dog proof... I've seen medium size dogs make short work of cedar and redwood fences... just saying.

You never see wood fences at kennels... either concrete block or heavy metal...

A wood fence can be improved by running a hot wire if allowed... animals will avoid direct contact and this is what you want.