What is the name of your state?What is the name of your state?What is the name of your state? Georgia
Background Info: I live in a community of twenty two-year old fee simple town houses with 22 year-old covenants and restrictions (referred to here-in as C & R’s). There is an extension clause in the C & R’s that states: 'said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.' Each building consists of 4 to 5 homes with green space between the buildings. The green space is divided in ownership (not equally) between the end units that abut either side of the space. There is a five-foot, deeded easement that runs down through the green space, the servient tenancy being divided between the two properties with 2.5 feet on each property; it continues along the rear of all buildings and enables access, by homeowners, to the rear of their building.
Our C & R’s state that no fence shall be erected that extends beyond a line contiguous with the sideline of the building. The C & R’s also state that no fence shall be placed on any easement whether on the back front or sides and that all fences must meet be approved by the architectural committee.
Case in point: I have a new neighbor that plans to erect a fence that would extend beyond the line contiguous with the sideline of the building and also take in the easement. Such a fence would come very close to the side of my building and would have an adverse effect on my property value. Certain individuals in the neighborhood say that since our C & R’s are so old, we have no recourse when the C & R’s are violated and that as long as gates are provided there is nothing one can do in so far as preventing such fencing. But what if they attempt to run their fence along the property line between the two buildings, which would also be down the center of the easement? Would we not have the right to intervene? If so, what would be the procedure to prevent such a fence? The right of ingress and egress to ones property goes far and beyond the covenants and restrictions because the easement legally runs with the land, but erecting fences that protrude beyond the side-line of the building is a matter of C & R’s. What can be done to enforce these old C & R’s?
Thank you,
Joan
Background Info: I live in a community of twenty two-year old fee simple town houses with 22 year-old covenants and restrictions (referred to here-in as C & R’s). There is an extension clause in the C & R’s that states: 'said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by the majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.' Each building consists of 4 to 5 homes with green space between the buildings. The green space is divided in ownership (not equally) between the end units that abut either side of the space. There is a five-foot, deeded easement that runs down through the green space, the servient tenancy being divided between the two properties with 2.5 feet on each property; it continues along the rear of all buildings and enables access, by homeowners, to the rear of their building.
Our C & R’s state that no fence shall be erected that extends beyond a line contiguous with the sideline of the building. The C & R’s also state that no fence shall be placed on any easement whether on the back front or sides and that all fences must meet be approved by the architectural committee.
Case in point: I have a new neighbor that plans to erect a fence that would extend beyond the line contiguous with the sideline of the building and also take in the easement. Such a fence would come very close to the side of my building and would have an adverse effect on my property value. Certain individuals in the neighborhood say that since our C & R’s are so old, we have no recourse when the C & R’s are violated and that as long as gates are provided there is nothing one can do in so far as preventing such fencing. But what if they attempt to run their fence along the property line between the two buildings, which would also be down the center of the easement? Would we not have the right to intervene? If so, what would be the procedure to prevent such a fence? The right of ingress and egress to ones property goes far and beyond the covenants and restrictions because the easement legally runs with the land, but erecting fences that protrude beyond the side-line of the building is a matter of C & R’s. What can be done to enforce these old C & R’s?
Thank you,
Joan