View Full Version : Residental fence laws?



dalelakin
05-12-2012, 11:13 AM
Could someone please point me to where I might be able to find laws in relation to who would own and be responsible for a fence that separates 2 yards in OKC?

Midtowner
05-13-2012, 08:20 AM
Surely between the two of you, you know who erected the fence? That'd be whose responsibility it is. As far as my neighbors go, I have 5 different neighbors' fences backing up to my property. I own none of the fence. I have let them all know I'll split the cost of any repairs/improvements though. It'd probably be best to have an arrangement like that.

dalelakin
05-13-2012, 08:56 AM
It was offered to split the costs. My neighbor has a large dog (Dogue de Bourdeaux) that wants to eat my mini-schnauzer and has jumped up at the fence and knocked a portion of it down. Since the main support board for the fence is so rotten there was little point in repairing it and at a minimum that panel had to be replaced. I offered to split the cost of a replacement panel (even though in my mind it was his dogs fault) and he informs it is not his fence because the finished side is facing my yard and refuses to pay anything. Neither of us would know who installed since he has only lived there for a little over 2 years and I 6 years and I would venture to put the age of the fence in the 20 year range. At this point I have repaired the fence but I was curious if that is a true statement about which side of the fence faces as to the ownership?

Jon27
05-13-2012, 09:06 AM
We had a similar situation. The fence on one side blew down after a storm in 2010. The house next door was a rent house. The landlord agreed to pay half. Once the fence was up, the fence guy sent him a bill, and he refused to pay it. I ended up just paying for the whole thing. To me, it wasn't worth $800 especially since i have 2 dogs that I didn't want going in ghent nasty backyard. I doubt a law is going to help since this sounds like a civil matter. You would probably have to go to small claims. To me that all isn't worth your dog getting attacked. My recommendation is to fix the fence, and move on.

dalelakin
05-13-2012, 09:11 AM
I have no intentions of trying to recoup my money. I am curious at this point and want to know what the law says?

kevinpate
05-13-2012, 09:55 AM
This is purely anecdotal and involves not so much as a peek at any municipal ordinance, nor any call to Action line (which you might consider come Monday morning.)

However, in nearly all occasions I recall off-hand, when there is only one finished side of a fence, the finished side faces out away from the property.

Perhaps there is a requirement for such, perhaps not. There are certainly other reasons, including property appearance and security. Having the finished side facing out improves the curb appeal for the fenced property. Having the finished side out also places the support pieces to the inside of the fenced property. Placing the posts and supports to the outside would be fugly to the max, at least in my opinion. And, outward facing supports would make it far easier for peeps/perves/crooks/snoops to peer over or climb over a fence.

I would imagine most fences get erected just inside one's property line and not smack dab on top of it, but that's coming from someone who has never installed a fence so take it with a grain of salt.

I am surprised a bit that the fence was not addressed when you acquired the property. Sorry for the difficulties.

BBatesokc
05-13-2012, 10:48 AM
I've seen these cases in small claims court from time to time (along with overhanging branches disputes, trees growing on a property line, etc.).

The last time I saw a fence case, the judge made the two parties go out into the hall and told them not to come back until they had exhausted every effort to come to a resolution as mature property owning adults. I didn't stick around though to see how it ended.

My understanding is (as Kevinpate pointed out) often fences are not really even on the property line. Ours is a foot or two inside and thus we have control and the obligation to maintain. Also, we put the finished side facing out for security reasons and it makes the fence easier to maintain. We've also learned it gains some favor with our neighbors and 3 of the 4 have no issue sharing costs of maintenance.

If the fence is actually on the property line, then you both own it but it becomes very difficult to force the other half to maintain or replace it unless you happen to live in a neighborhood with a well established HOA.

If its just a panel then I'd replace it and go on. Which sounds like the conclusion you may have already come to.

OKCTalker
05-13-2012, 12:45 PM
BOTH of you should have had your lots surveyed as a lender's condition prior to purchase, and both should show the location of the fence in relation to the property line. That's the easy part. If it's on YOUR side, then do what you want as to repairs, but it it's on HIS side, then it's up to him. In that case, discretely perform a good repair to protect your schnauzer and move on.

And consider this if the fence is on his side and he refused to repair. Using measured, emotionless language, send him a letter saying that you performed repairs to his fence in order to protect your dog from his, but that he will be responsible if his fence fails to secure his dog and yours is injured or killed. Mention the previous attack and include the date. He'll understand that this is your "Exhibit A" if you have to go to court later, and should make him more responsible. If a dog has a history of biting, insurance companies typically will refuse to renew a homeowner's policy, and after subsequent attacks, municipalities will likely agree to euthanize it.

Easy180
05-13-2012, 03:38 PM
Put up our fence that four of our neighbors get to enjoy...also put it facing out so I didn't have to depend on anyone to repair or replace it...Shooting to replace most or all of it next year so it will be interesting to see if any of them pony up some dough

dalelakin
05-13-2012, 05:15 PM
Thanks for all the advice but I am OK with paying for it to not have to get into a long drawn out battle. I simply wanted to know if there was an actual law that backed up his claim that it is my fence based solely on the which side of the fence was facing my yard?


nor any call to Action line (which you might consider come Monday morning.)

Where would I find this number?

GaryOKC6
05-13-2012, 05:54 PM
Thanks for all the advice but I am OK with paying for it to not have to get into a long drawn out battle. I simply wanted to know if there was an actual law that backed up his claim that it is my fence based solely on the which side of the fence was facing my yard?



Where would I find this number?

Since the good side of the fence is facing your house i would guess it was more than likely built by the previous owner of your house.

kevinpate
05-14-2012, 06:23 AM
...

Where would I find this number?

Google be my friend. Number is 405 297-2535.
Sorry I dinna think to include that earlier.

source: http://www.okc.gov/action/

bombermwc
05-14-2012, 06:47 AM
The land the fence is on, is the person that owns it. Generally you can tell from which side you see. MOST people put the slat side facing into their own yard to see the "pretty" side. But fenced never go ON the line (or shouldn't). They'll go on a person's land. So you sacrifice a few inches of your land to put up the fence. You can always get the propertly line painted. So I don't believe there is really a law specifically for the fence, it's more properly laws. To be 100%, you'll have to have the property line surveyed.