Carlsbad Homeowners
Whose Side of the Fence Are You On?
This post probably could be titled, alternatively, “whose fence is that?”
I was reminded of the many issues that can arise with fences from a past client who bought one of my listings and just contacted me.
I thought some words of wisdom (I use that term loosely LOL) were in order.
Thinking about fences took me back a few years to real estate in New England where there are rural properties with a stone wall, rather than a fence, that had been in place for decades, or longer. I guess it’s a good thing they are harder to move if necessary.
I can’t tell you how many times I have been asked the question “whose fence is that?”
It’s a risky question to answer unless you know, definitively, the answer.
And of course that question often becomes more elaborate – Is that a shared fence? Can we change it if we want? Who pays for the cost of that fence (e.g., in an HOA community). Do you need permission from the abutters to do anything with the fence? You get the picture.
Or the other common question…can we install a fence?
Fences can convey all sorts of impressions – a friendly neighbor or owner, a not so friendly one, a neighbor or owner who could care less about the fence and how it looks.
And a fence may become a sort of battleground and result in legal proceedings where disputes arise: who actually owns the fence; is the fence encroaching on the neighbor’s yard; or is the fence on the adjoining property but you believe you own it.
Sometimes fences exist for years with no issues between the residents on either side, and then bang, a new owner moves in and the fence becomes a hot issue.
I’m not an attorney and can’t provide any legal advice. But if it is a legal question I recommend chatting with a real estate attorney.
Suffice it to say that determining the answers to these questions as part of your due diligence when buying a home is essential. The fence may be on the property line and clearly shared, or it may be one person’s responsibility. It might even be the prevue of the HOA. You probably want to know.
It is not unusual, at least in our area, for the HOA, if one exists, to have very specific details about the type of fencing that can be installed and even who pays for it. Indeed, that is the case with my past client, where the new owners next door have decided they want to change the fence. But it’s not theirs to decide.
So, Carlsbad home owners - whose fence IS that?
The answer may be more complex that at first glance.
Comments(20)