"Illegal" fence - what are the consequences?

[Anonymous]

Our neighbor did this and the fence is about 8' into our property. It happened before we moved in and we figured it out shortly after. We could make them take it down but are considering options. It could be an issue when we sell.

[Anonymous]

Anonymous wrote:Our neighbor did this and the fence is about 8' into our property. It happened before we moved in and we figured it out shortly after. We could make them take it down but are considering options. It could be an issue when we sell.

In that case I would assume it is considered your fence.

[Anonymous]

Anonymous wrote:They make you take it down. They may fine you. You can't sell house until you disclose and likely take it down. Handyman msy do bad job.
Can't you just get a permit online?

+1 As long as you're doing something standard and following the height rules there's no reason to worry about the permit process.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Our neighbor did this and the fence is about 8' into our property. It happened before we moved in and we figured it out shortly after. We could make them take it down but are considering options. It could be an issue when we sell.

In that case I would assume it is considered your fence.

If you don't give them notice they are encroaching and explicitly allowing it to stay you are setting it up for their getting 8 feet of your land by adverse possession.
It varies by state but here's some info
https://www.hsclaw.com/how-a-misplaced-fence-can-lead-to-an-adverse-possession-lawsuit-in-maryland/
https://www.ashwell.law/blog/adverse-possession-virginia-guide/#:~:text=The%20criteria%20for%20adverse%20possession,assistance%20to%20substantiate%20the%20claim.

[Anonymous]

I didn't think you needed a permit for a fence. Most people get a survey to be safe but not a permit?

[Anonymous]

You need permits for fences in Arlington where OP lives.

[Anonymous]

Apply for a permit and give the reason why and they may give you the permit. That's what we did.

[Anonymous]

If the fence is encroaching on someone else’s property, you open up adverse possession issues and potential problems if they or you go to sell. We had this happen with a prior home.

If it’s a height or issue with the material you’re using, or something along those lines, you are more likely to get away with whatever you’re planning.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Worst case scenario is if someone complains you’ll have to take it down. That’s very unlikely though unless you’re having a neighbor dispute.

Or if it's visible from the street and clearly out of code/compliance - then any person who drives/walks by and sees it might call it in.

Who are these miserable people who would do that?

[Anonymous]

Anonymous wrote:Apply for a permit and give the reason why and they may give you the permit. That's what we did.

This is OP. Are you in Arlington and this worked?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Worst case scenario is if someone complains you’ll have to take it down. That’s very unlikely though unless you’re having a neighbor dispute.

Or if it's visible from the street and clearly out of code/compliance - then any person who drives/walks by and sees it might call it in.

Who are these miserable people who would do that?

Some tall fences on corner lots impair drivers’ ability to see and create hazards for everyone. Just as one example.

[Anonymous]

Anonymous wrote:I'm seriously considering fencing off part of my yard without going through the permitting process. I have a reason for doing it, and the only neighbor who would be affected is fully aware of the situation and supportive of my plan to fence off that part of my yard. What are the consequences? Are there none until I go to sell the house?

I realize that a fence company likely would balk. My friend has suggested someone who will do the work; he's more of a handyman and is probably not aware of the permitting process.

I'm in Arlington.

We’re in Chevy Chase and did the same thing as soon as we moved in. The existing fence was that ancient wire stuff and full of holes, we closed in June after the village meeting and they weren’t meeting again to issue permits until September. We spoke with the immediate neighbors involved and said hey, we have two dogs. We need to replace these two lengths of fence so that our dogs will be safe and we need to do that right away. Is it OK? They said yes and all has been fine.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Worst case scenario is if someone complains you’ll have to take it down. That’s very unlikely though unless you’re having a neighbor dispute.

Or if it's visible from the street and clearly out of code/compliance - then any person who drives/walks by and sees it might call it in.

Who are these miserable people who would do that?

Some tall fences on corner lots impair drivers’ ability to see and create hazards for everyone. Just as one example.

I personally have called in about this exact issue. I also live on a corner lot so I understand why one would want more privacy, but the ordinances are in there for a reason.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Apply for a permit and give the reason why and they may give you the permit. That's what we did.

This is OP. Are you in Arlington and this worked?

DP- not if what you’re proposing is against Arlington ordinances like height on a corner lot.

[Anonymous]

Anonymous wrote:The consequences are that they make you take it down.

Plus, you may have to release your prisoners.