Privacy Fence Issue

[wiseguy]

What is the name of your state (only U.S. law)? West Virginia

I was planning to put a privacy fence on my property close to a neighbor's property line. The neighbor approached me and stated that "there is no way he was going to allow me build the fence there because he was not going to be looking at the back side of a privacy fence".

Does he have any legal right to tell me what kind of fence I can build? Also, is there a certain amount of distance a fence must be from a neighbor's property line?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? West Virginia

I was planning to put a privacy fence on my property close to a neighbor's property line. The neighbor approached me and stated that "there is no way he was going to allow me build the fence there because he was not going to be looking at the back side of a privacy fence".

Does he have any legal right to tell me what kind of fence I can build? Also, is there a certain amount of distance a fence must be from a neighbor's property line?What is the name of your state (only U.S. law)?

Unless you have a homeowners association that prohibits privacy fences, or your local housing codes require you to face the backside of the fence towards your property, your neighbor has no say about your privacy fence as long as its on your own property.

However, privacy fences require maintenance (painting etc.) therefore you had best put it far enough back that you have enough space to maintain it (and cut the grass) without having to got onto your neighbor's property.

 

[justalayman]

as to design, height, setback, and any other regulations that might be in place, you would need to speak with your HOA (if applicable) and also the local building department. The regulations are going to be based in HOA CC&R's or local ordinances.

 

[wiseguy]

Thank you for the responses. There is no homeowners association but I will check with the city about local building codes.

One more question if I may. This same neighbor has recently had a surveyor mark the property lines and he claims that one of my buildings is a few inches on his property. This building has a concrete foundation and was built nearly 40 years ago. Could he possibly make me move or tear down this building?

 

[justalayman]

depending on all of the facts, there is a great possibility he would not be able to force you to move the shed. There is the possibility of a prescriptive easement. If push comes to shove you might have to defend it in court which can get pretty pricey. It's something you should speak with a lawyer about if the neighbor pushes the issue. S/he can review the actual facts and give you some direction.

 

[TinkerBelleLuvr]

when did YOU purchase the property?

was there title insurance when you bought the property?

 

[wiseguy]

when did YOU purchase the property?

was there title insurance when you bought the property?

I purchased the property in 1962. No title insurance.

 

[154NH773]

I would suggest you get your own survey, just to ensure that his is correct. If the surveys differ, ask the surveyor if he can resolve the differences with the other surveyor, and determine why the differences exist.
As to the fence issue, you have received good advice to check local ordinance laws and state laws.