Noise Barrier ~ Deteriorating Concrete Fence
By Brian Madigan LL.B.
Have a look at this fence. It's falling apart. But, who has to fix it?
Twenty five years ago, it wasn't really a problem, but it is now. The fence is made of concrete and it's falling apart and could injure someone.
So, what's the problem?
Let's go back in history. A small builder has some lots backing onto a major arterial road. He wants to secure building permits. The City and the Region say that there should be a noise barrier along the roadway to soften the noise from the traffic. The little wrinkle is that they don't have the money or don't want to raise the money for the fence.
The small builder then takes it upon himself to construct the fence. He contracts with a fence company and authorizes the construction to take place a few inches within the property line. This way, it's all his fence. He is not placing it on the boundary line, he is not asking for a contribution to its cost, and he is not asking their consent.
Since neither the City nor the Region pay for the fence, they don't get a say in who builds it, or how long it is under warranty. The building permits are issued and the houses are constructed. But, that was years ago. Now, we have a major problem. The builder is gone, as are the original purchasers for all those properties.
The noise attenuation barrier that the new buyers have at the rear of their properties begins to deteriorate. They complain to the City and the Region. Up to date surveys confirm that the fence is on their private properties. The City and the Region simply wash their hands of the entire matter.
These are private noise attenuation barriers owned by the residents, situate on private property. They are falling down, and they are the responsibility of the owners. The real problem of course is that these are very, very expensive fences. They are not just wood fences that could be erected by the neighbours themselves, perhaps with the help of a carpenter. These are major concrete walls. They have to be demolished first by heavy equipment before any new fencing material can go in.
The problem is one of perception. The residents always thought that the fence belonged to the City and/or the Region. With that, they were unaware of their responsibility and duty to maintain such a fence. In other locations, such a major noise attenuation barrier was municipally owned, it was not private. That's certainly what happens in most areas. Here, it fell upon the private property owners.
Without a local homeowners association, without a condominium association, without any kind or organized local citizens group, this problem simply went unresolved for many years.
Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Royal LePage Innovators Realty
905-796-8888
www.OntarioRealEstateSource.com
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