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Adding a fence next to neighbor?

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sakima

Junior Member
I live in Montclair, CA.

About two years ago we decided to built a fence on our side property to replace the original chain link fence that was there. We when and talk to our neighbor about it and right off the back, he didn't like the idea. We suggested that we wanted to put a fence there for privacy between both parties and he would not cooperate, even after i told him that i would pay for all expenses. After that, i went and talk to the city and i have no idea who i talk since its already been two years, but somebody in the building division told me that it was fine for me to put a fence there, since the fence will be build in our property. We didn't obtain any permits as that city personal did not told us to and we went ahead a build the fence. Now after two years we just received a letter from the city, saying that we were in violation of city code and will need to bring down the fence. What i would like to know is, if there's really a law that says that you can't build a fence next to your neighbors original fence. I'm in the process of getting the property surveyed right now, but I'd like to see how we can solve this issues without bringing the new fence down.
 


CSO286

Senior Member
I live in Montclair, CA.

About two years ago we decided to built a fence on our side property to replace the original chain link fence that was there. We when and talk to our neighbor about it and right off the back, he didn't like the idea. We suggested that we wanted to put a fence there for privacy between both parties and he would not cooperate, even after i told him that i would pay for all expenses. After that, i went and talk to the city and i have no idea who i talk since its already been two years, but somebody in the building division told me that it was fine for me to put a fence there, since the fence will be build in our property. We didn't obtain any permits as that city personal did not told us to and we went ahead a build the fence. Now after two years we just received a letter from the city, saying that we were in violation of city code and will need to bring down the fence. What i would like to know is, if there's really a law that says that you can't build a fence next to your neighbors original fence. I'm in the process of getting the property surveyed right now, but I'd like to see how we can solve this issues without bringing the new fence down.
These fine folks would have that answer:
http://cityofmontclair.org/depts/cd/building/default.asp
 

LdiJ

Senior Member
I live in Montclair, CA.

About two years ago we decided to built a fence on our side property to replace the original chain link fence that was there. We when and talk to our neighbor about it and right off the back, he didn't like the idea. We suggested that we wanted to put a fence there for privacy between both parties and he would not cooperate, even after i told him that i would pay for all expenses. After that, i went and talk to the city and i have no idea who i talk since its already been two years, but somebody in the building division told me that it was fine for me to put a fence there, since the fence will be build in our property. We didn't obtain any permits as that city personal did not told us to and we went ahead a build the fence. Now after two years we just received a letter from the city, saying that we were in violation of city code and will need to bring down the fence. What i would like to know is, if there's really a law that says that you can't build a fence next to your neighbors original fence. I'm in the process of getting the property surveyed right now, but I'd like to see how we can solve this issues without bringing the new fence down.
That kind of law would be very specific to your community/municipality. Therefore I doubt that anyone here could answer your question. I can tell you that I have never heard of anyplace banning each owner from building their own fence, on their own property, but that doesn't mean that there isn't some community/municipality out there that does.

Did they tell you specifically how you violated the code or what code you violated? At a minimum you should look up the specific code and read it, so that you will know for certain. It may be that its some other issue that is correctable without you taking the fence down.
 

Zigner

Senior Member, Non-Attorney
Here's the Montclair Municipal Code that applies

http://library.municode.com/index.aspx?clientId=16497

Specifically:

10.24.010 Permit required—Fee.permanent link to this piece of content

No person shall erect or install any fence or block or masonry wall without first obtaining a permit to do so from the Building Official. The fee for a fence permit shall be pursuant to the fee schedule shown in the latest adopted edition of the Building Code, which shall include the cost of inspection of such fence. The fee for a block or masonry wall permit shall be as shown in the latest adopted edition of the Building Code.



Yes, you need a permit to erect a fence. The city told you that you could erect it, but didn't tell you that you could do it without a permit.
 

Zigner

Senior Member, Non-Attorney
That kind of law would be very specific to your community/municipality. Therefore I doubt that anyone here could answer your question.
Actually, the municipal code was very easy to find.
 

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