Berwyn Talk Forum

General => General Discussion => Topic started by: sciapod on July 28, 2014, 08:25:35 PM

Title: Fence ownership
Post by: sciapod on July 28, 2014, 08:25:35 PM
Hey Berywn Forum!

I need some insider knowledge, because I can't find an official record of it online. The common understanding between myself and my neighbors has been that each house owns the north fence on their yard. Which is why all of the fences are different. And so, if you are going to grow vegetables or whatever, do it against that fence. We grew a lovely vine over the past 8 years that had really gotten thick, we trained it on the fence, and has large blossoms that attract hummingbirds. We trimmed it to keep it out of our neighbors walkway. All good.

Well, two weeks ago, the guy who lived there moved out, a new family moved in. While they were busy chopping out all of his flowers, etc, which is none of my business, they decided to kill the vine. Not tear it all out, but chop at its roots so it would die. Please note, this vine grows up the side of our house, and is already dying.

So, my question -- is the north side of the property rule official, legal? They've already failed the asshole neighbor test, but I want to have my facts straight before I confront them.

thanks
Title: Re: Fence ownership
Post by: copmug002 on July 28, 2014, 08:30:38 PM
It depends on what side of the property line the fence is on
Title: Re: Fence ownership
Post by: sciapod on July 28, 2014, 08:39:09 PM
thanks -- is there any simple way of figuring that out -- like the outside of house sidewalks (we are talking the uniform bungalows in the 'gold coast' area)? I had assumed that was the case, but I'm not really motivated to go to city hall and look at the records!
Title: Re: Fence ownership
Post by: jfrickind on July 28, 2014, 11:00:10 PM
I always thought the rule of thumb was the good side of the fence went to the non-owners house.  So the poles are on the owners side while the wood slats (that look good) are pointed toward the non-owners.

JD
Title: Re: Fence ownership
Post by: copmug002 on July 28, 2014, 11:36:56 PM
I just know if you have a fence built and there is no fence already present, it must be on your property. So you need to find out who originally had the fence built. Former owner or the neighbor. Dont you have a plat survey of your property that will tell you your property lines?
Title: Re: Fence ownership
Post by: Toria on July 29, 2014, 05:50:41 AM
I just bought a two flat and when I was meeting with my lawyer and looking at the plat he indeed did indicated that the fence on the north side of my property was my fence and the other fence which would be on the south side was the neighbors.  Its a chain link fence and it would be very hard to tell what is really on the property lines.
Title: Re: Fence ownership
Post by: Ted on July 29, 2014, 07:40:13 AM

I know on my property, the entire fence (including the north side) was put in by the previous owners, who I bought the house from. The house on the north just simply added gates to the fence that was on the property I had bought.

So, I don't think you can say that the north side or the south side belongs to one owner or another.  It depends on the property and who put up the fence.
Title: Re: Fence ownership
Post by: buzz on July 29, 2014, 09:49:33 AM
I own both fences on my property, North and South.
Title: Re: Fence ownership
Post by: Bonster on July 29, 2014, 11:53:09 AM
Quote from: buzz on July 29, 2014, 09:49:33 AM
I own both fences on my property, North and South.


I don't believe that's true, even if you paid for both. 
I know two who've put up fences on both sides and had to get written permission from one neighbor.
Title: Re: Fence ownership
Post by: sciapod on July 29, 2014, 09:40:04 PM
thanks for the replies!

I found a survey that was taken in 2006 -- it does seem to imply that the property lines are from sidewalk-edge to sidewalk-edge, but those 'x's aren't exactly precise. It mentions markers in the front of house and alley (indicated as 'found cross'), but I'm not seeing what he was referring to. So whatever fence falls in between the sidewalks is yours, at least on these standard bungalow plots.

But I did speak to my neighbor and he was super nice and apologetic, a misunderstanding; and I'm sure my wife will stop being upset about it ... any day now ...

Title: Re: Fence ownership
Post by: buzz on July 30, 2014, 07:02:04 PM
Quote from: B o n s t e r on July 29, 2014, 11:53:09 AM
Quote from: buzz on July 29, 2014, 09:49:33 AM
I own both fences on my property, North and South.
I don't believe that's true, even if you paid for both. 
I know two who've put up fences on both sides and had to get written permission from one neighbor.
You can believe whatever you want.  I own both fences.
Title: Re: Fence ownership
Post by: watcher on July 30, 2014, 08:23:35 PM
Quote from: buzz on July 30, 2014, 07:02:04 PM
Quote from: B o n s t e r on July 29, 2014, 11:53:09 AM
Quote from: buzz on July 29, 2014, 09:49:33 AM
I own both fences on my property, North and South.
I don't believe that's true, even if you paid for both. 
I know two who've put up fences on both sides and had to get written permission from one neighbor.
You can believe whatever you want.  I own both fences.

If both fences are completely on your property, you most certainly own both fences and a survey would show the fences positioned on your property.
Title: Re: Fence ownership
Post by: buzz on July 31, 2014, 04:26:48 PM
exactamundo !
Title: Re: Fence ownership
Post by: Ted on August 01, 2014, 03:48:21 AM

I think my entire fence is also mine. I don't think there is a north side/south side rule for fences.

Now, for baseball, there is a south side rule - Sox Rule!!!!!

  LOL
Title: Re: Fence ownership
Post by: watcher on August 01, 2014, 11:38:33 AM
Quote from: Ted on August 01, 2014, 03:48:21 AM
I think my entire fence is also mine. I don't think there is a north side/south side rule for fences.
Now, for baseball, there is a south side rule - Sox Rule!!!!!
  LOL

The northside/southside rule is a remnant of subdivision into lots. Shared fences established an etiquette, allowed maximum use of one's property while limiting potential neighbor disputes. The advent of stockade/privacy fences complicated the issue for some regarding good side versus bad side placements. In places where the relationship was never codified via ordinance, there are legal gray areas and conflicts. In places where 25' lots are common, the conflicts can be sticky.

In baseball, there is no conflict. Only the southside matters.



Title: Re: Fence ownership
Post by: Bonster on August 01, 2014, 12:29:09 PM
Quote from: watcher on August 01, 2014, 11:38:33 AM
The northside/southside rule is a remnant of subdivision into lots. Shared fences established an etiquette, allowed maximum use of one's property while limiting potential neighbor disputes. The advent of stockade/privacy fences complicated the issue for some regarding good side versus bad side placements. In places where the relationship was never codified via ordinance, there are legal gray areas and conflicts. In places where 25' lots are common, the conflicts can be sticky.

In baseball, there is no conflict. Only, the southside matters to no one.




Corrected.
Title: Re: Fence ownership
Post by: dualref on August 03, 2014, 05:07:51 AM
Fencing issues have caused more arguments between neighbors than anything else, especially when it comes time to repair the fence! The land survey is always correct. But I have also heard of neighbors who are neighborly enough to share the cost of repairing a fence when needed. I think that's the best way to handle it.
I've never heard of the north fence rule either.
Title: Re: Fence ownership
Post by: PamF on August 06, 2014, 03:50:49 PM
I put up my fence and the fencing company used the plat of survey to position it completely on my property.  All posts are facing my yard (north and south, east and west).  All maintenance is on us, the fence owners.