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Existing fence encroaching on to road right-of-way: What can I do to make it legal?

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rsimplicio

Junior Member
What is the name of your state? Illinois
County: McHenry

I live in unincorporated McHenry county, and am subject to the county's zoning ordinance. When I purchased my home 6 months ago, at our closing, I noticed on the plat of survey that the existing fence was between a couple of feet (at the corner of the lot) and up to 15-20 feet outside my property lines on two sides of the property (it is a corner lot). The vast majority of the fence lies in the road right-of-way. That right-of-way is owned by the property owner's association, and is a private road maintained by the POA. The fence has been in place over 20 years (I have a sanitation survey showing the existing fence in 1983) in the same place.

I want to replace the fence, which is split-rail, with a spaced picket type fence. In unincorporated areas of the county, a permit is not required for a "see-through" fence (less than 50% obscured). However, I don't want to invest the time and money replacing the fence only to have to remove it.

Has anyone had to deal with this issue in the past? Can I simply request permission from the POA/HOA to place the fence in the right-of-way, with the understanding that I will be responsible for maintaining the fence, the landscaping on either side of it (which I am doing now), and for replacing the fence should there be future improvements or maintenance that necessitates removal of the fence? If, after I have that approval, do I then need to seek a variance from the county, even though this structure does not normally need a permit?

Should I/can I request an easement into that right-of-way, that flows with the land?

Any advice on this subject is greatly appreciated!!! :D
 
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S

seniorjudge

Senior Member
rsimplicio said:
What is the name of your state? Illinois
County: McHenry

I live in unincorporated McHenry county, and am subject to the county's zoning ordinance. When I purchased my home 6 months ago, at our closing, I noticed on the plat of survey that the existing fence was between a couple of feet (at the corner of the lot) and up to 15-20 feet outside my property lines on two sides of the property (it is a corner lot). The vast majority of the fence lies in the road right-of-way. That right-of-way is owned by the property owner's association, and is a private road maintained by the POA. The fence has been in place over 20 years (I have a sanitation survey showing the existing fence in 1983) in the same place.

I want to replace the fence, which is split-rail, with a spaced picket type fence. In unincorporated areas of the county, a permit is not required for a "see-through" fence (less than 50% obscured). However, I don't want to invest the time and money replacing the fence only to have to remove it.

Has anyone had to deal with this issue in the past? Can I simply request permission from the POA/HOA to place the fence in the right-of-way, with the understanding that I will be responsible for maintaining the fence, the landscaping on either side of it (which I am doing now), and for replacing the fence should there be future improvements or maintenance that necessitates removal of the fence? If, after I have that approval, do I then need to seek a variance from the county, even though this structure does not normally need a permit?

Should I/can I request an easement into that right-of-way, that flows with the land?

Any advice on this subject is greatly appreciated!!! :D
Click to expand...


You can ask for anything you want and the HOA can either do it or not do it.

You would be really persuasive, however, if you would go to talk to the HOA prepared, including a new survey.
 
R

rsimplicio

Junior Member
seniorjudge said:
You can ask for anything you want and the HOA can either do it or not do it.

You would be really persuasive, however, if you would go to talk to the HOA prepared, including a new survey.
Click to expand...
I have a current plat of survey done in November 2005 that shows the fence lying outside my property lines. It does not show, however, the edge of the travelled road, and only lists the names of the abutting streets.

Does this qualify as the "new survey"? Or do I need to invest in another? If so, is there anything that I should specify that the surveyor include? (e.g. distance from road centerline, etc?)

Thanks SeniorJudge!
 
S

seniorjudge

Senior Member
rsimplicio said:
I have a current plat of survey done in November 2005 that shows the fence lying outside my property lines. It does not show, however, the edge of the travelled road, and only lists the names of the abutting streets.

Does this qualify as the "new survey"? Or do I need to invest in another? If so, is there anything that I should specify that the surveyor include? (e.g. distance from road centerline, etc?)

Thanks SeniorJudge!
Click to expand...
It would be nice if you could get that surveyor to amend his survey to show the road way and show the fenceline properly.

Ask the surveyor how much that would cost.
 
R

rsimplicio

Junior Member
Thanks Judge! I just gave the survey company a call, and he asked me to call back in the morning because the person who would do that sort of thing has left for the day. He stated they probably have the information on file in the office.

Thanks again!
 
R

rsimplicio

Junior Member
Jeez, the free advice keeps getting better! I called back the survey company, and they had distances to the fence but not the road. The guy I talked to said "If you can wait until next week, when we have crews out in that area, there won't be a charge for getting that extra information, drawing it up and sending it to you".

I feel like the luckiest guy in the world right about now.
 
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