Fence Location

[Brobook]

What is the name of your state (only U.S. law)? South Carolina

We deliberately bought a small lot so we would have limited yard work. It is on a small lake and was to have a walking trail behind it. The developer came to us several months after we had moved into our home and said he was not going to build the walking trail. We had been cutting the weeds to improve the look from our house so we asked if we could landscape that property. He said he would not give us written permission because he hated anything having to do with HOAs but that we should go ahead and landscape
because it would improve the property and when the homeowners took over the association they could give us written permission. We planted trees, bushes, created two seperate flower beds complete with stone borders and of course grass. We have maintained that property by cutting the grass, weeding, feeding, watering etc. In January of 07 we wrote a letter to our homeowner board and asked permission to erect a fence pursuant to getting a dog. They told us the fence had to go through the middle of what appears to be our yard because we would not be allowed to erect it on 'common ground'. Our children had the fence put in while we were on vacation as a 50th anniversary gift. The HOA is threatening to put a lien on our house as of May 20th if we don't dismantle the fence and get it off of common ground. New we find that there are two other fences that infringe on common property also and those fences have been there for years. In fact both houses have sold and have new owners and nothing ever happened about the fences. No action has been taken against them and we feel discriminated against. What should we do?

[HomeGuru]

Originally Posted by Brobook

What is the name of your state (only U.S. law)? South Carolina

We deliberately bought a small lot so we would have limited yard work. It is on a small lake and was to have a walking trail behind it. The developer came to us several months after we had moved into our home and said he was not going to build the walking trail. We had been cutting the weeds to improve the look from our house so we asked if we could landscape that property. He said he would not give us written permission because he hated anything having to do with HOAs but that we should go ahead and landscape
because it would improve the property and when the homeowners took over the association they could give us written permission. We planted trees, bushes, created two seperate flower beds complete with stone borders and of course grass. We have maintained that property by cutting the grass, weeding, feeding, watering etc. In January of 07 we wrote a letter to our homeowner board and asked permission to erect a fence pursuant to getting a dog. They told us the fence had to go through the middle of what appears to be our yard because we would not be allowed to erect it on 'common ground'. Our children had the fence put in while we were on vacation as a 50th anniversary gift. The HOA is threatening to put a lien on our house as of May 20th if we don't dismantle the fence and get it off of common ground. New we find that there are two other fences that infringe on common property also and those fences have been there for years. In fact both houses have sold and have new owners and nothing ever happened about the fences. No action has been taken against them and we feel discriminated against. What should we do?

**A: at this point you need to hire an attorney to review all docs and history and advise you accordingly.