‘Good neighbor fence’ issue may be costly, but adds value to home
Q: We would like to install a picket fence for the home we just bought. A 3- to 4-foot fence would start at the 6-foot fence we share with this next-door neighbor. The proposed picket fence will run between our front porches across the lawns to the sidewalk. It will wrap around our walkway and one side of the driveway. Childproof gates will be on the sidewalk and along the driveway near the garage. The neighbor agrees to this fence with two conditions: she will not pay for the 40-foot shared portion, and that we employ a surveyor because she feels the existing 6-foot fence dividing our backyards is not on the actual border. We have toddlers we want to protect from the busy street. But, we just learned the surveyor would cost us more than the new fencing. Not to mention if we have to move the shared 6-foot fence she claims is encroaching on her property. We don’t want any problems with our new neighbor, but does this seem fair at all to you?
A: No. But when it comes to wooden fences, fairness is often a casualty to keeping the peace. Perhaps the seller who sold you the property should have mentioned a property line issue in the disclosures. Going after a seller to resolve a fence issue could also be costly. You’re also looking at a quality-of-life situation. Unsettled boundary-line business with a neighbor runs the gamut from unpleasant to hazardous to one’s health. Since we are talking fences in Silicon Valley, the latter is more likely the outcome. You will discover, like the rest of us, that negotiating your style of fencing by your builder of choice is the upside of paying for 100 percent of a “good neighbor fence.” Lest we forget, anytime you add a professional’s report or inspection to your property’s file, it’s adding value to your home’s worth. I’ve interviewed a real estate attorney who will fund his child’s college education with property line cases. It’s an expensive line to cross. Best to build the fences of your choice on your dime on the correct line.
Buying or selling real estate? Realtor Pat Kapowich provides turnkey services including relocation, staging, market analysis, and strategic planning. 408-245-7700 or Pat@ SiliconValleyBroker.com.