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Re: dogg post# 34

Monday, 05/03/2010 2:19:46 PM

Monday, May 03, 2010 2:19:46 PM

Post# of 161
Is it your fence? Tell me who's fence it is and what and who is objecting to the height.........If it's been in place for 10 years or longer, there's nothing anyone can do about it as it's under an "adverse posession rule" that includes height.

If the neighborhood has any CC & R's (covenants, conditions and resrtictions) regarding fence heights, and they are not reaaly old, the objector could sue. If the neighborhood is old, say like 40 or 50 years old, the CC & R's will be hard to enforce and the objector will have to hire an attorney and go to court and fight with a judges' decision.

The city or county will also have heighth restrictions, set back restrictions and heighth restrictions in front yards, usually 4 feet. People can also go to the city and county and get a "variance" to build "out of code", if they have a good reason.

If you have an 8ft fence up and the code says only 6ft is allowed, but your fence is "grandfathered in" (been up for about 10 years or so for instance) it stays up......but, if you tear it down to put up a new one, the new one may only be 6ft high.

Lots of people build fences and roof lines into someone elses view and wind up in court. If there are no CC & R's in that area, it's usually tough shit for the view...

Did that help...........?

Gary

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