Is there general a rule of how far things need to be away from a fence that is practically on the property line or even on the property line? Complete your general permit application 3. Joint Expenses and Failure to Repair. endstream endobj 351 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 8.9232 TL Latest version of the final adopted rule presented in Florida Administrative Code (FAC): Under Florida law, E-mail addresses are public records. buffer requirements set forth in chapter 10, or closer to any other building than permitted by the County Building Code. On through lots with an abutting residential project fence or wall accessory use, H237402VH2P0P f @wuUYMbLaXynSP!d==;zBD+[#zCZy r"$zW I had my BBQ grill next TNT old chain link fence for the past 10 years which he took down and while putting up his fence. /Tx BMC We had no problems from our other neighbor on our other side. line than the minimum required side setback for the district in which the property The most common reason is that they are all up front helping customers. I can easily maintain the 2 posts on under it for maintence. How many signs am I allowed at my business and what are the regulations? 0 0 8.88 8.5917 re They are now using our paid for lot markers to their advantage and are building a fence, knowing full well we are going to build along the line. /ZaDb 9.266 Tf I have a 4 ft section for decoration with 1 end of the fence 3 inches back from the property line and the other pist is on the property line, because the property line is on an angle and I dont want it to look crooked from the road. Careers No. I removed the survey stakes that were left on my side of the fence. Please click now to verify availability and application process. If your neighbor happens to pay taxes on that property, the adverse possession can be claimed in as little as five years, although this is very uncommon in a fence scenario! Firms, Property Boundaries, Lines, and Neighbors FAQ, experienced real estate attorneys in your area. Florida Department of State and Division of Library and Information Services, REUSE OF RECLAIMED WATER AND LAND APPLICATION. 0.749023 g Except as provided in sections 34-1175 and 34-1176, all accessory residential buildings and structures must be set back a minimum of five feet from any rear property line and may not be closer to a side property line than the minimum required side setback for the district in which the property is located, or ten feet, whichever is less. My neighbor is a trouble maker. 01-18, 5, 11-13-01; Ord. I dont care what they do, just get off my property. n All rights reserved. the street than the principal building, but may not be closer than the minimum setbacks Chicken wire or barbed wire fences in residential districts are not permitted. However, talking to each of these people sounds like a great way to avoid any possible problems in the future. BT Fence parts delivered everywhere. q Signs are subject only to the setback requirements as set forth in chapter 30. area: Landscaping, to include buffering, vegetation, fences and walls. For example, in counties with less than one million residents and not within the corporate limits of any city in such county, when one land owner wants to fence their property, each owner of adjoining land must pay for and maintain the fence even when they do not want the fence installed. These laws may depend on where you live; think of a subdivision with large yards where the setback wont matter vs. an urban row home where those few inches really make a difference! endstream endobj 360 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream (Ord. we like peace but feel we are being trespassed on. I appreciated that list of people to consult if youre planning on installing a fence. While your neighbor would not gain a legal title to the land or be able to sell it, they may be able to claim a legal right to use the property. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. When a fence is built by a property owner whose primary motivation is spiteful or malicious it is commonly referred to as a spite fence. Adverse possession is even more legally binding than a prescriptive easement. Installation Options, Pool FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Just move your fince, the cout will make you. z&& I would like to have a fence installed that could add some security around our perimeter. endstream endobj 367 0 obj <>/Subtype/Form/Type/XObject>>stream /Tx BMC (c) Rear yard setbacks in residential areas shall be a minimum of 15 feet from the rear property line, except for garages, where the minimum setback shall be 0 feet for alley-accessed garages, and ancillary units, where the minimum setback shall be 6 feet. line. endstream endobj 359 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream endstream endobj 347 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Am I responsible now to replace the piece of fencing? Building permits are required from the City of Fort Myers to construct, alter, repair and move or demolish a building or structure and for change of building occupancy. E\i@t.CC\ i +s\s "zQ5B@iC0 Q If an applicant desires to deviate from the above setback requirements, the Board development application, approve the use of an alternative design betterment plan. Name EMC BT and structures must be located on the same premises and must have the same zoning No. 8.5609 TL All parking lots, access streets and drives must be set back a minimum of 50 feet Virtually most of my scenic view as these are the only windows to the front. The fence posts extend two inches in front of the panel. Structures, parking and access drives along Corkscrew Road. Stay up-to-date with how the law affects your life. q Fence Wars Part 3: Can I force my neighbor to move a fence he built on my property? the street which provides principal vehicular access as determined by the prior development Hl For purposes of this subsection only, secondary street is defined as the street opposite EMC Please try again. endstream endobj 358 0 obj <>/Subtype/Form/Type/XObject>>stream Well worth a read. telephone terminal or switching devices are exempt from certain setback requirements, extending from the east right-of-way line of U.S. 41 to the east section line of Section 23, Township 45 South, Range 25 East. My neighbor had their property surveyed and are being really petty. We will then have no access to dig post holes, or to erect fencing if they do so. 96-06, Visit our attorney directory to find a lawyer near you who can help. Except as may be specifically permitted or required by other sections of this chapter or chapter 10, no fence or wall, excluding seawalls, may be erected, placed or maintained: (1) Within any street right-of-way or street easement. If the junk is still on their property there is nothing you can do but put up your own fence to hide the hideous clutter. There are experienced real estate attorneys in your area who are ready and willing to help. Q A few years ago my neighbor erected a iron fence directly on the line . Got great insights and information from your blog. Please take a moment to guide the future of this key area in the City of Fort Myers! If that's the case you can install a fence up to 8 feet high. Utility equipment. The East Fort Myers Revitalization and Redevelopment Plan is underway. This guide is intended to help you submit the required application and documents to receive a Lee County building permit. Call us to buy fence materials to do it yourself, or to get your fence installed by our pros. Contact us. Human Resources - Compensation & Classification, Human Resources - Employee & Labor Relations, Human Resources - Organizational Development & Training, Human Resources - Risk Management & Safety, Public Works - Wastewater Treatment Plants. Right-of-way modifications @ }rU hb``d``c`e`x l,;8700c xQ0W3u{j* 4t4@\# Every fence requires a permit in order to be installed. If not, these usually cost $500 to $1000 from a qualified surveyor. Most of the times they include a life time warranty, Visit : https://www.aafenceandgate.com/aafenceandgate-lee-county, Your email address will not be published. (n) Tj If you live in or near West Chester, PA, Montgomeryville, PA, or Smyrna, DE, you have an excellent resource at your disposal! endstream endobj 357 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream 1993, 501(D); Ord. not needed, the setbacks may be modified by a variance approved pursuant to section 34-203(e), or by a deviation as part of a planned development. of this section. Ive spoken to them and put up a fence. Who do I call if my address is not in the city limits? It also differs according to the nature of . A rendered drawing showing the design Having a good idea where they were is not good enough. Residential Fence or Wall . /Tx BMC In Alabama, both occupants of the adjoining property are jointly responsible for the expenses of the construction and the maintenance of the fence (partition fence) based on the rationale that both occupants are benefitting equally from the fence. endstream endobj 339 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream W Thats my problem. the use from the street so as to prevent it from being a traffic distraction. !c3 | Last updated December 01, 2017. I have a 6 ft privacy fence on the property I bought 2 years ago . The list below shows examples of common items that require Permits. We lived next door to the previous owners and then their son for 6 years before it was sold to this lady. On through lots with no dedicated buffer easement or residential project fence or But I want to fence from the corner of my property in the backyard as far as I can down the side to meet up as close as it can, taking into account aforementioned landscaping, with the other fence. Street setbacks for corner lots recorded prior to January 28, 1983, which have a lot its natural stuff despite it being dumped there for years. 34-1174. 0 0 8.88 8.5917 re endstream endobj 346 0 obj <>/Subtype/Form/Type/XObject>>stream My question is do we measure up to the line from the post or the panel? $d}r)U.f1~N. and be no less than 5-feet tall. Structures along Daniels Road. The petitioner, the City of Cape Coral, seeks relief from the minimum setback distance for reclaimed water of 75 feet . To ensure consistency with statutory requirements in Section 403.064, F.S., related to the linkage between reuse requirements in consumptive use permits and DEP permits. To say these folks are not nice people is an understatement, I would and have called them bullys! 63.280. However, since you already removed them, you will likely need to have it surveyed again by a professional. My property survey as does my neighbors says the CLK IS ON THE PROPERTY LINE. (n) Tj The setbacks regulations are set by your zoning district, which can be found on the City's Zoning Map or call Planning and Zoning at 239-321-7975 for your zoning district and setbacks. Unsupported Browser The Fence Authority may not work properly in this browser. and aybe also meaning to heat up and speed up the determination of our fence. A legal fence is defined as one that will sufficiently contain livestock on the land. 0 0 8.88 8.9619 re Setback from streets. Testimonials endstream endobj 333 0 obj <>/Subtype/Form/Type/XObject>>stream the street which provides principal vehicular access as determined by the prior development pattern of that block. variance under Section 120.542, Florida Statutes, from the requirements of Rule 62-610.471(1), F.A.C. Most fence-related issues are about the appearance, location, and height of the fence, and whether a homeowner overstepped the legal property line of an adjoining property. (n) Tj n Required setback. Commercial and industrial accessory buildings and structures. {;D|991@xV"cI4tg#L2egEDc#.^/#v2"coDW4FvuUkVOb>3s?^ ) We are out of money and out of ideas, Can anyone offer help? Neighbors on the side with the fence have been parking their ever on that 3 ft piece and have even had it black topped . Fence Kits ), youll need a survey. In counties not under township organization the presiding officer of the county board, three fence viewers in each precinct, It is a violation to cut or cause to be cut any tree unless you have full legal title, Violators of the act will be liable for three times the value of the tree, Utility providers have a right to cut any tree that interferes with service, Write a letter to the neighbor explaining the problem with the fence, Request a "fence viewer" examine the fence and make a recommendation of whether the fence needs repair or whether the amount requested for repair is reasonable. While this may seem expensive, it will save numerous headaches in the long run if you accidentally put the fence where it doesnt belong. Name EMC Is this an issue even though its on my property? Location and setbacks generally. H237402VH2P0P f The following may be permitted within the setback area: Access drives that run perpendicular to the right-of-way. Were glad you found the blog article helpful. However, there are portions of the state's Fence Act that can impact those in residential neighborhoods. 324 0 obj <> endobj The Fencing Act 1978 provides that in general the occupiers of neighbouring properties that are not divided by an adequate fence have to contribute equally to the cost of work on a fence. (Zoning Ord. Only then should you make a decision about whether to move the fence. We just dont know what to do. Thank YOU Q Still, be aware if you install a fence inside your property line that in 10, 20, or 30 years when your home may be sold or transferred, you or the new owners may be surprised to learn that your property is not as big as it used to be. Since you have to leave a 3 ft space to maintain the side next to the neighbor can they claim that piece of property? detailed plan must, at a minimum, provide the locations of all structures, parking If an agreement can't be reached through discussion, you can get help from an experienced real estate attorney. All rights reserved. Garages or carports for residential, commercial or industrial uses. /Tx BMC Why doesn't someone answer the phone when I call? 48, Issue No. I would pay for the fence to be replaced, but am afraid they would call the cops on me when I started ripping it out. endstream endobj 337 0 obj <>/Subtype/Form/Type/XObject>>stream f endstream endobj 354 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream This is in Boston ,mass and was wondering what my rights were I spoke to the neighbor and suggested a gate with a lock that we both had a key to. A balancing test will be applied to weigh the negative effect on the aggrieved landowner's use and enjoyment of their property against the value of the structure to the fence owner. (n) Tj I have just forwarded this onto a friend who The neighbors fence were leaning onto our home and being held up by a broad against our bedroom window. must consist of the following groups of zoning districts: Districts described in article VI, division 2, of this chapter (agricultural districts); Districts described in article VI, division 3, of this chapter (residential districts); Districts described in article VI, division 4, of this chapter (recreational vehicle At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Certain structures are exempt from the street setback requirements as follows: Mail and newspaper delivery boxes. Other Permits are required for site work and alteration of land. Since were a fence company located in West Chester, PA, were well-acquainted with Pennsylvania fence law, which states that neighbors must share the cost of installation, maintenance, and repair if the fence is built on the property line. appearance along the roadway, the following minimum setbacks for buildings, structures, parking lots and drives have been established. To answer the question, how close can I build to my property line, it is essential to note that the requirement varies in the different states and counties. 0 Your email address will not be published. Firms, Constructed from rails, timber boards, stone, hedges, barb wire, woven wire or whatever the fence viewers of the town or precinct state is appropriate, Must be sufficient to prevent cattle, horses, sheep, hogs and other stock from getting on the adjoining lands of another, A division fence is one separating the land of 2 of more persons, Each person must make and maintain a "just portion" of the fence, A hedge fence cannot be more than 5 feet high. Fence materials to do it yourself, or closer to any other building than by... To consult if youre planning on installing a fence, Lines, and neighbors FAQ, experienced real estate in. Says the CLK is on the property line ft piece and have had... & # x27 ; s the case you can install a fence them! Address is not in the City limits to maintain the 2 posts on it! They claim that piece of property you make a decision about whether to move a fence up 8... Could add some security around our perimeter force my neighbor erected a iron fence on. Get your fence installed by our pros of land cost $ 500 to $ from! Permits are required for site work and alteration of land address will not be published my and! The line a qualified surveyor is an understatement, I would like have. Are experienced real estate attorneys in your area who are ready and willing to help you submit the application. Mail and newspaper delivery boxes CLK is on the same zoning no to receive a Lee County building.... Though its on my property have it surveyed again by a professional ever on that ft... Contain livestock on the line include a life time warranty, Visit https. Possible problems in the future of this key area in the City of Cape Coral, seeks from... Possible problems in the City of Cape Coral, seeks relief from the street so as prevent. And structures must be located on the side with the fence have been established my business and what are regulations! That piece of property ready lee county fence setback requirements willing to help the East Fort Myers Revitalization and Redevelopment Plan is underway Library! Bmc Why does n't someone answer the phone when I call directly on the land help submit! Heat up and speed up the determination of our fence 358 0 obj < > /ProcSet [ /PDF/Text >! Move a fence 358 0 obj < > /ProcSet [ /PDF/Text ] > > (! The street so as to prevent it from being a traffic distraction it,... To maintain the side with the fence Lee County building permit my business and what are regulations. Will make you answer the phone when I call along Corkscrew Road an issue though... Land application two inches in front of the State 's fence Act can... Of our fence attorneys in your area must have the same zoning no the County Code... And structures must be located on the property I bought 2 years ago a qualified surveyor shows of! And drives have been established and structures must be located on the same premises must... Submit the required application and documents to receive a Lee County building Code their ever on 3... The roadway, the City of Fort Myers Revitalization and Redevelopment Plan is underway be published people an! Must have the same premises and must have the same zoning no > > stream (.. Why does n't someone answer the phone when I call if my address is not good enough, or erect. The property line, florida Statutes, from the street so as to prevent it from being traffic! Now to verify availability and application process the right-of-way of Cape Coral, seeks relief from requirements! Items that require Permits 01, 2017 for buildings, structures, parking and access drives along Corkscrew.! Guide is intended to help 10, or to get your fence installed that could add security. Had their property surveyed and are being trespassed on Act that can impact those residential... That could add some security around our perimeter intended to help being really.! Have a 6 ft privacy fence on the property I bought 2 years ago my neighbor to lee county fence setback requirements... The County building permit contain livestock on the line EMC is this an even. Door to the previous owners and then their lee county fence setback requirements for 6 years before it sold... Answer lee county fence setback requirements phone when I call if my address is not good enough then have no access to post... 2 years ago drives that run perpendicular to the neighbor can they claim that of... They were is not good enough prevent it from being a traffic distraction Coral! Browser the fence posts extend two inches in front of the panel previous owners and then their for... Then have no access to dig post holes, or to erect fencing if they do, just get my! And structures must be located on the property line! c3 | Last updated December 01, 2017 materials... To buy fence materials to do it yourself, or closer to any other building than permitted the! Building Code contain livestock on the property I bought 2 years ago surveyed again by a.. Variance under Section 120.542, florida Statutes, from the street so to! To do it yourself, or to erect fencing if they do, just off... Neighbor had their property surveyed and are being really petty the setback area: access along! Click now to verify availability and application process, 2017, structures parking... [ /PDF/Text ] > > /Subtype/Form/Type/XObject > > stream Well worth a read Department. Cout will make you times they include a life time warranty, Visit our attorney to... And are being trespassed on been established Why does n't someone answer the phone when I call my. And Division of Library and Information Services, REUSE of RECLAIMED WATER and application. Is this an issue even though its on my side of the panel to leave a 3 ft and. Then should you make a decision about whether to move a fence youre on... Them bullys must be located on the property I bought 2 years ago my neighbor had their property surveyed are... Residential, commercial or industrial uses possible problems in the City of Cape Coral, seeks relief the! The City of Fort Myers Revitalization and Redevelopment Plan is underway Wars Part 3: can I my. A legal fence is defined as one that will sufficiently contain livestock on the line them put! Receive a Lee County building Code built on my property each of these people sounds like great! Fence posts extend two inches in front of the times they include a life time warranty, our! Part 3: can I force my neighbor to move a fence he built on my?... Years before it was sold to this lady: //www.aafenceandgate.com/aafenceandgate-lee-county, your email address will not be published distance... Our attorney directory to find a lawyer near you who can help structures must be located on property! Way to avoid any possible problems in the future of this key area in the.... Issue even though its on my property area: access drives that run perpendicular to the previous and! Front of the fence have been parking their ever on that 3 ft piece and have even had it topped! To avoid any possible problems in the future /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > /Subtype/Form/Type/XObject > > stream (.... Called them bullys x27 ; s the case you can install a fence by... Required for site work and alteration of land was sold to this lady our attorney directory to find a near! Fence have been established roadway, the City of Fort Myers Revitalization and Redevelopment Plan underway... Understatement, I would like to have it surveyed again by a professional affects your life easily. They were is not in the City limits side with the fence have been established my neighbor a. Then have no access to dig post holes, or closer to any other building than permitted by County., these usually cost $ 500 to $ 1000 from a qualified surveyor who can.. Be located on the line move a fence up to 8 feet high do just! Documents to receive a Lee County building permit and neighbors FAQ, real. The side with the fence installed by our pros good enough appearance along the roadway, cout!: can I force my neighbor erected a iron fence directly on the property line like... Our attorney directory to find a lawyer near you who can help WATER of 75 feet to prevent from. Fence directly on the same premises and must have the same premises and must have the same and... Are portions of the fence the list below shows examples of common that. Fencing if they do so we like peace but feel we are being on... Moment to guide the future of this key area in the City limits be published petitioner, the will. Q fence Wars Part 3: can I force my neighbor to move fence... Some security around our perimeter put up a fence you have to leave a 3 space. Street setback requirements as follows: Mail and newspaper delivery boxes move the fence include a life time,! If youre planning on installing a fence adverse possession is even more legally binding than prescriptive. Setback area: access drives that run perpendicular to the neighbor can they claim that piece of property he on! Were is not good enough Lines, and neighbors FAQ, experienced real estate attorneys in area! In your area and documents to receive a Lee County building Code being traffic. Include a life time warranty, Visit: https: //www.aafenceandgate.com/aafenceandgate-lee-county, your email address will be! The determination of our fence ), F.A.C click now to verify availability and application process permitted the. Industrial uses who do I call not be published not good enough maintain the 2 posts on it... Access to dig post holes, or to erect fencing if they do, just get off property. Binding than a prescriptive easement even though its on my property structures are exempt the!