Anonymous wrote:What makes the fence 'illegal'?

It's from Honduras.

What makes the fence 'illegal'?

We bought a duplex in Del Ray, where the fence was obviously wrongly replaced, and we were clearly encroaching on the neighbor’s property. It was obvious from the survey and we just said nothing to nobody and bought it anyway. We sold the place a year or two ago—sold the first day it was on the market— saying nothing and after making no changes. No one cares.

Anonymous wrote:Literally 75% of all the basements in Arlington were finished without a single permit. That's electrical, plumbing, HVAC, you name it.

They won't GAF about a fence.

Yep. We know people who have replaced old chain fences with nice wooden fences without getting a permit. The neighborhood thanks them for their service.

Literally 75% of all the basements in Arlington were finished without a single permit. That's electrical, plumbing, HVAC, you name it.

They won't GAF about a fence.

As long as you have your neighbor's go-ahead, it should be fine.

When we moved into our house, our 12-foot (no, not a typo) fence was clearly illegal. We are on a corner lot and the backyard we share with our neighbors is essentially a small wedge. Over time, the fence needed replacing and we had a chat with the neighbors, who preferred the fence stay as high as it was - we had both gotten used to our privacy. Fence company came, no problem.

And I think if you ever sell it, it would be grandfathered so likely noone will do anything or you might encounter what we did - it's there and everyone has become accustomed to it.

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.

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.

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?

Who checks for this? We bought a house in Potomac last year and our new neighbors mentioned in conversation that the previous owners had DIYed the attractive wooden fence. I don’t think anything was mentioned while they were selling.

What's the reason to not get a permit.

As long as it's on your own property, the worst they can do is make you take it down and restore the land to how it was before it was fenced. If nobody can see the fence from the street, and nobody complains about it, then you're probably fine until you sell the house. Honestly, the fence builder probably doesn't care as long as they are paid in full. A handyman should be fine for the job.

In Virginia, there is no legal requirement to disclose anything when selling real estate.

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?

The consequences are that they make you take it down.

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.