• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

fence along county road

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

npond

Junior Member
What is the name of your state (only U.S. law)? maine

I recently started building a fence alonside 60 feet of county road in a 30MPH zone. The fence is four feet from the end of the pavement. I was told by the town office that the road boundary is 33' from the center line, and anything within that space is my responsibility if it is damaged. My fence is within this distance, as is my garage and many of my neighbors homes, garages, trees, etc. I confirmed this information with a DOT rep who rep suggested I take the fence down in the winter because of snowload; I agreed to take down the fences, but not the posts.
I was recently told to stop building the fence by a town official and the town 'plow guy.' Where do I begin to determine my rights on this issue?
thanks,
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? maine

I recently started building a fence alonside 60 feet of county road in a 30MPH zone. The fence is four feet from the end of the pavement. I was told by the town office that the road boundary is 33' from the center line, and anything within that space is my responsibility if it is damaged. My fence is within this distance, as is my garage and many of my neighbors homes, garages, trees, etc. I confirmed this information with a DOT rep who rep suggested I take the fence down in the winter because of snowload; I agreed to take down the fences, but not the posts.
I was recently told to stop building the fence by a town official and the town 'plow guy.' Where do I begin to determine my rights on this issue?
thanks,
So, why the games? Taking down the fencing material but leaving up the posts will serve no purpose. I suggest you stop, as you were directed.
 

npond

Junior Member
I'm not playing games. I have a summer home along the county road. Cars greatly exceed the posted speed limit and I need to protect my two children. Since I am not at the camp in the winter, i'm happy to take down the fencing for the winter. Taking down the posts for the winter would be much more difficult.
Again, i was told by the DOT that I could proceed. I'm wondering why I should listen to the town official who was brought to my house by the town plow guy.
 

npond

Junior Member
thank you very little.
It seems you've made up your mind about my dilemma without considering the points that I've made.
 

Zigner

Senior Member, Non-Attorney
thank you very little.
It seems you've made up your mind about my dilemma without considering the points that I've made.
The DOT did NOT "approve" what you are proposing (per your post). They told you that if it was damaged, it was YOUR responsibility.

The city (town, whatever) that you live in has told you NOT to put up a fence because it will create a HAZARD to property and persons.
 

rowz

Member
Though I see that Zigner has some excellent points, I differ in my perspective.

My experience in such situations is to trust what you are told, but to verify the correctness of the information.

CHECK THE LAW....about fences in your municipality and the DOT regs regarding fences along the right of way. Also, I would check that the DOT has given you the correct info about the extent of their right of way.

Some years ago we had an issue with a stucture placed by the local sewer authority on our property but in the DOT's right of way. The authority claimed an easement [that did not exist] and then changed their story to say that they were using the easement of the DOT, with permisssion of the DOT.

Bottom line.... the 10 foot sewer-gas vent pipe was removed.

If we had trusted what we had been told and did not verify the info we would be smelling s*** at this very moment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top