Building a fence "on" the property line -- what does that mean exactly?

[slappy_joe]

What is the name of your state?What is the name of your state? TX

My neighbor and I are putting up a standard privacy fence (cedar picket) exactly on the property line, but there is some disagreement over what that exactly means...

The total fence width is probably going to be a little less than 7 inches because of the following:

- Posts are ~4 inches (4x4 posts)
- Rails are ~2 inches (2x4 rails)
- Pickets are ~1 inch

QUESTION: Does building on the property line mean:
(A) Putting the 4x4 posts on the property line
(B) Splitting the total width of the fence over the propertly line (~3.5 inches on each side)
(C) None of the above...

Sounds a bit anal, I know, but neither one of us are willing to give up an inch!

 

[FarmerJ]

Are you both splitting the cost too ?

 

[slappy_joe]

Yes, we're splitting the costs evenly

The posts (a.k.a., the "ugly side of the fence") will face my property. I actually prefer this because i) i have posts facing my property for the other 2 sides of the backyard; ii) i use the posts to hang plants, etc.

 

[HomeGuru]

Stradled fences need an encroachment agreement.

 

[slappy_joe]

encroachment agreement?

Thanks for the input HomeGuru.

Do you really think an encroachment agreement is necessary, given that:

- If the fence straddles property line correctly, NO part of his property will be on my side of the fence and vice versa.
- We are splitting the costs, so there is agreement for co-ownership

 

[BelizeBreeze]

- If the fence straddles property line correctly, NO part of his property will be on my side of the fence and vice versa.
- We are splitting the costs, so there is agreement for co-ownership

That would be one HELL of a SKINNY fence. I doubt you'd even know it was there

 

[slappy_joe]

Please clarify?

I'm not sure I understand your comment about the fence having to be really "skinny". The property line has NO width. Conversely, the fence has some thickness -- About ~7 inches thick (when you factor in the posts, rails, pickets). So a fence presumably would cover the entire property line and "straddle" on both sides.

However it depends what "straddles" means -- which brings me back to my original question. For example, if we "center" on the posts, and I put the rails/pickets on his side, I would technicall see some of his property on my side.

 

[BelizeBreeze]

You said "NO part of his property will be on my side of the fence and vice versa." and that statement is untrue. The fence will be on both properties.

Therefore, HG's suggestion of trading encroachment agreements is sound.

You are arguing semantics. Just do it.

 

[HomeGuru]

Just do it....