Fences in Calgary - A Question

[Bumjubeo]

Hey all,

Quick request for advice before I actually decide to lawyer up.

TL;DR - Fence Built on Neighbour property, now being asked not to touch it, and I paid for half of the fence.


Early this summer, my wife and our neighours with their friend built a fence. They dug the holes at night without our knowledge they put the fence posts down.

We had assumed that they would have put it directly on the property line. This is not the case. They put the fence on their side of the property line by ~5cm.

We were given a bill for how much that section of the fence would cost us, and we had completely agreed to pay for half of it, which we did in cash.

Now a short 2 months later, we had just finished building our deck which extends close to the fence. The neighbours have informed us that because the fence is in their property we cannot have our deck that close to the fence and we cannot use the fence for anything (Hanging plants, a place to tie up the dog when they are in the backyard etc...)

We are talking about matters of 5cm give or take maybe 5mm-1cm. The fence is definitely completely on their property, if I paid for half of the fence am I not entitled to use it?

I can't find any concrete documentation that states if there is a "neutral" zone when it comes to fencing and property lines.

Am I pretty screwed when it comes to fighting the neigbours about this fence?

One funny thing to note is that all the screws/nails in the fence are on the side of the fence facing me, so good luck with maintenance on this fence.

Thanks for any advice.

[redline]

Sounds like your neighbours are total dick heads....

If you paid it is your fence period.... the city will not side with the dick heads for 5cm.

[JordanLotoski]

Call d.a watts surveys.

Most home owners don't put there fence bang on the property line they usually give which I think is a 6 inch allowance either way.

Personally I'd do what I want in my own yard, I wouldn't work to much about them.

If your decks up against the fence make sure it's under 24 inches or it won't comply with city bylaw.

Good luck.

[lilmira]

The city will not deal with it at all. It's between you and your neighbour. Any reason why the neighbour is being a dick?

It will be as much of a hassle for you to prove that you own half the fence as for him to prove that he owns the whole fence. I will just ignore him and continue to do what I like on my side of the fence if I were you. Keep in mind that the bylaw has something about how close you can have your deck to the property line/fence, I don't remember exactly. No one really cares usually but a dick neigbhour can potentially complain about every single bylaw violation that you may have.

Other than that, you may be stuck with a dick neighbour for now. For this reason, I will get some cameras set up just in case.

[CMW403]

Hahahah did they actually say "don't touch the fence"? They sound like complete morons.

[mr2mike]

Sounds to me like there is another reason why they're being jerks and they figure it's up to you to figure out what it is. Maybe your dog barks too much or something. I dunno.

Have you tried talking to them. I mean, setup a future day where you're both free. Give them an outline of what you'd like to talk about and present it in a mature way. Give them time to think about their concerns to address and talk about it.

Basically you're stating that, "hey, we both have to live beside each other, we're either civil and make for a decent backyard life together or we're both dicks to each other".

Good luck, it's a crappy situation to be in.

[jonnycat]

If the fence isn't going to be on the property line, I would think it he would need to have a larger set back from the property line so you yourself could also install you own fence.

You should go ahead and plant rose bushes along the propety line then, and also make it clear that he is not allowed on your property to perform any maintenance.

You could also install your fence, making it impossible for him to get to his.

[rb_tuner]

I am going through a similar situation with my neighbors. I swear I am moving out to Springbank if I win the lottery.

[Bumjubeo]

Originally posted by JordanLotoski
Call d.a watts surveys.

Most home owners don't put there fence bang on the property line they usually give which I think is a 6 inch allowance either way.

Personally I'd do what I want in my own yard, I wouldn't work to much about them.

If your decks up against the fence make sure it's under 24 inches or it won't comply with city bylaw.

Good luck.

I will be getting on the phone with D.A Watts surveys for sure, thanks!

The deck is under 24 inches when it approaches the fence. I'm going to remove a deck board and give them their 5cm, I've spaced everything out, ultimately I dont really care about that 5cm.

As for why they are being dicks, I have no idea. Honestly. We had a great relationship. This winter, I would shovel their walks and sometimes they would shovel ours..... as of late something just broke and we can't think of what it could be. Our dog barks once in a blue moon, we've been nothing but nice and friendly. As was said, they want us to find out what we did I guess.

[kenny]

As everyone has stated, theres not much to fight about. Sure the fence is on their side, but the City will not get involved in disputes like this so just keep doing what you are doing.

Hang plants on the fence, and do whatever you want. They cannot come over to your side to remove them anyway.

Next time you chat with them, you should tell them they should have given themselves more than 5cm of space to work on their fence. Also make it clear they are not welcome on your property.

[codetrap]

Originally posted by Bumjubeo
Hey all,
Now a short 2 months later, we had just finished building our deck which extends close to the fence. The neighbours have informed us that because the fence is in their property we cannot have our deck that close to the fence and we cannot use the fence for anything (Hanging plants, a place to tie up the dog when they are in the backyard etc...)

Sorry, I don't think I understand. You built your deck, on your side of the fence, and they're attempting to dictate that you can't do anything within 5cm of your side of the fence?

Sorry, it just doesn't work that way. Sure, technically it's their fence.. can't really dispute that. However, they have absolutely no right to try and dictate what happens on your side of it, regardless of the 5cm of "property" on your side.

If they push the issue, ask them if it's really worth taking this issue to civil court, spending thousands of dollars, just to get told to grow up in court by a judge?

[88CRX]

Man where does Beyond keep finding these neighbors and what are you guys doing to piss them off so much!

[masoncgy]

Screw those neighbors. It would be one thing if they covered the entire cost of the fence and built it on their side and even then it would be questionable as to what they can and can't say to you...

...but the fact you paid for half of the fence. Screw that. Do what you want.

Let them go to the expense of making you 'comply' with their demands. Design the last bit of the deck to be easily removable should an order arise to slim it back.

What a bunch of losers. Seems that new neighborhoods are filled with dickheads. I have never run into these issues in any of the older communities I lived in... seems new houses bring out the worst in people.

[mr2mike]

Originally posted by masoncgy
Seems that new neighborhoods are filled with dickheads. I have never run into these issues in any of the older communities I lived in.

+1

New neighbourhood, 1st time home buyers, pissing contest with a sense of entitlement?!?

[BrknFngrs]

Originally posted by 88CRX
Man where does Beyond keep finding these neighbors and what are you guys doing to piss them off so much!

It does sound like these guys built the fence 5cm into their property for the sole purpose of "preventing" you from doing anything to your side of the fence though; why else would a person reduce their own useable lot space??

On a side note, if you let the 5cm or so of grass on your side of the fence grow above the X height requirement for Calgary, couldn't you then get them fined for not keeping the grass cut down? For added amusement, don't let them onto your property to cut it; make them work strictly within the 5cm's. Or alternatively, what about billing them for you cutting "their" lawn (In arrears)?

[adidas]

This thread shouldnt be about the dispute between you and your neighbor this should solely be about gathering ideas to screw over your neighbor considering he is such a dick to you for no apparent reason.

[Mibz]

The only thing I can suggest is to sit down one on one with the man of the house. It's ridiculously easy to work out logical solutions to petty problems when ovaries aren't involved.

I want to disagree about the new neighbourhood thing but we just built in one and there's been drama over the silliest shit. That said, I think we're the only 1st-time home owners and we've managed to stay out of it.

[Gorilla]

unscrew the some of the fence boards, let the snow do the rest.
Start throwing your doggy sh*t over the fence
Throw rocks at his sat dish to change the direction, ppl get pissy if they got no TV.


PM me, and I'll bring my rotti and we'll tie him to the fence for a few hours.

[JordanLotoski]

Originally posted by 88CRX
Man where does Beyond keep finding these neighbors and what are you guys doing to piss them off so much!

I also have a douche bag neighbors, they live in a blue stucco bungalow behind me

[codetrap]

Originally posted by BrknFngrs

On a side note, if you let the 5cm or so of grass on your side of the fence grow above the X height requirement for Calgary, couldn't you then get them fined for not keeping the grass cut down? For added amusement, don't let them onto your property to cut it; make them work strictly within the 5cm's. Or alternatively, what about billing them for you cutting "their" lawn (In arrears)?

Originally posted by adidas
This thread shouldnt be about the dispute between you and your neighbor this should solely be about gathering ideas to screw over your neighbor considering he is such a dick to you for no apparent reason.

Originally posted by Gorilla
unscrew the some of the fence boards, let the snow do the rest.
Start throwing your doggy sh*t over the fence
Throw rocks at his sat dish to change the direction, ppl get pissy if they got no TV.
PM me, and I'll bring my rotti and we'll tie him to the fence for a few hours.

All this above? What NOT to do. That kindof childish bullshit will simply end up making your life miserable in the end.