I just moved into a house I bought. No HOA, but there is a covenant, which is somewhat similar. For those not familiar, it's a set of rules for the neighborhood (started in the late 70's) drafted by the builder, and maintained by the community. There have been no changes, and there isn't an active board or neighborhood meeting.

I read the rules prior to moving in. Rules state that fences are allowed for and should be limited to: Privacy areas and animal control. It also states that the fence must be adjacent to the primary dwelling, and fencing entire lots, and along lot lines, is not desirable (It is obviously discouraged). I told my neighbors that I am building a fence from one side of the house, to about half of the back yard, to keep my dogs in the yard. I discussed it in detail with the next door neighbor who it affects the most (it will create a fence line on about 75% of our property boundry). He doesn't seemed to be thrilled about it,  and suggests an invisible fence. After more discussion, he seems amenable, and walks the property line with me and shoots the shit for an hour. He seems to be a really nice guy and we are going to get along great.

A few days later I am 50% complete building the fence. I get a phone call from a different neighbor from up the hill in the next community telling me it is illegal to build my fence that she can see from her deck. I tell her thanks for your concern and the call and go back to work. An hour later the next door neighbor shows up and now claims that he doesn't like the idea, believes it violates the rules (says it isn't adjacent to the house) and it's too big. By the way he is friends with the busy body from up the street who called earlier. Like I mentioned, and discussed in detail with the next door neighbor, it connects on one side of the house, runs about 75% of the length of the back yard, and 50% of the width of the back yard, before reconnecting with the back porch.

Adjacent...I don't think this word means what he thinks it means. He seems to believe that it infers some sort of size limitation. I don't think it does. I think West Nevada is adjacent to East California...



I don't want to be the new guy pissing in everyone's wheaties, and would like to get along with everyone. I've gone out of my way to be nice, and explain how it is not only legal, but extremely common in this area. And by the way it is my yard. I paid a shit ton of money for it, and the fence I'm building is not only a good looking fence, but there are no less than 25 of them that I've counted within 1 mile.

I know this is probably boring as hell, but I wanted to get some opinions to see if I'm being a dick or am out of line. I'm sort of known to be a dick.



Note the little arrows that say uphill are pretty important, as the grade from the main neighborhood road on both sides is pretty significant, that's how the mansions happen to have a view of the backyard.

Also, for those who are amateur or real lawyers, here is an ipotato pic of the applicable portion of the covenant:


16 July Construction update

So today I continued where I left off, like I said I would. As I predicted, this resulted in an immediate visit from the next door neighbor. I told him that the lumber yard won't give me a refund, and I don't much care to have other people telling me how to use my own land. He started getting really pissed and talking about the covenant. I cut him off and said I'm not breaking rules. If I wanted to, I can construct a 6 foot privacy fence around my entire property and say I want privacy from all of the old nosy people around.

He sort of changed his tune and explained that it was only the last part in the back that really bothered him. He volunteered to pay for any wasted lumber, and help with the labor for the 3-4 posts we need to relocate. Like I said before, he seems like a good person, and when push came to shove he really just didn't want that much of our property line (the front of his house) fenced. So with a little measuring, I decided to redirect 15' earlier and all is well with the man next door.

An added bonus is the busy bodies will now have an even larger portion of the fence in their view. They didn't bother trying to call or drop by today, I'm hoping they will tomorrow so I can use the go fuck yourself phrase I've been saving up.

Tell him to pay the taxes if he wants to decide what you do with your property.

You read the rules, and seem to be following them, fuck him.

Sounds like he should have manned up when you told him you were building it if he didn't like the idea. Not grow balls after you have it almost up.

build the fence and tell them to stfu. I understand not wanting to piss them off, but if it gets bad, just build a bigger fence.

It sounds like you are in compliance and could fence the entire back yard.

If redwood or cedar, just maintain it with suitable wood preservatives.

You know what to do.

First things first, did you have a survey done? And I mean by a registered land surveyor so as to establish your property line. When building a fence, it is wise to keep it inside your property line by 6-12 inches or so.

Fuck 'em.

Carry on.

meh fuck them

they'll get over it if they are reasonable people and if they aren't wtf do you care if they like you or not

its an animal control device to keep your dogs contained.  end of story.  their lawyer can speak to yours on the matter.

Build yer goddamn fence and tell yer neighbors to MYOB. You were nice enough to discuss it with them prior to onset of construction. There are 25 other fences.....etc. Oh, and tell the C*&( from up the hill in LaLa land to fuck off. I fuckin hate douchebags, especially WHINY ONES!! I care more for my animals than most of my neighbors, and I ain't much of an asshole( well maybe a little)
You and I both know that if your dogs/cats so much as thought about taking a dump on their precious yards, hells bells the screeching would be deafening!!!!!.  

We had a couple neighbors call the township and complain about our wooden fence.

Tell the neighbor that he agreed to it and you are proceeding.

The way I see it, you got three choices:

1. Tell everyone to fuck off, and do what you want...
2. Get the HOA activated and get a position of power, then do option 1, or...
3. Shotgun.

How does she have your number?

Pics of uphill neighbor required to render judgment.  Chop chop.

I like the answers they teach for dealing with persistent children.  

Neighbor:  Your fence is not in compliance, please stop construction.
You: Yes it is.  No.
Neighbor: Your fence is not in compliance, please stop construction.
You:  Asked and answered.  

Neighbor:  But the covenant says blah blah blah.
You: We'll see.

Through the whole thing you continue doing your thing, which lets the problem remain your neighbor's problem.  :-)

Fuck people telling you you can't build fences on your own goddamned land.

Most importantly,  If the thing says they're discouraged, or should  be in pattern X, that's a suggestion.  It's not a directive.  

You've got too many neighbors that have your phone number is what it sounds like to me. I'd tell them if they think its illegal, to go ahead and call the cops.

I would not tell anyone to go to hell.....but I would build my fence any way I saw fit.

Enforcing the covenant is gonna cost them my guess is they won't go to court over it.

Ignore them likely they will just find someone else to bitch about.

It's a split rail wood/wire mix fence. I've thought about buying some of that really ugly orange plastic shit to use temporarily. However that is against the rules, everything built in this area is supposed to "blend in to the general atmosphere/scenery"

So I guess blaze orange would be a blatant violation. But I think it would make the point. I did mention that I could build a 6' privacy, aluminum panel, or chain link fence if they prefer. You should have seen the look on her face. I think I was the first person in her LONG life to have basically told her that she was wrong and what she thinks isn't really relevant. I'm more concerned with the guy next door. He seems like a pretty good guy.

fuck him.

no one is enforcing the rule.

What do the CC&Rs say?

Exactly.

No I didn't. I realize I should, but we walked the line together, and I am keeping it well inside the line (at least 6 feet).

Tell those two pencil dicks to go to hell, they don't pay the mortgage or the taxes, they don't get to decide what goes on your property.

Their rights are infringing on your rights. Tell them if they don't like it, they can say hello to your little friend----while it pisses on their legs.

Get a survey and build a fence

Build the tiniest pool possible. It requires a fence.

If you have your permit from the city or county(if req'd)....you have no problem. Otherwise, court action is possible but not likely.

I agree that a registered land surveyor is the expert for this issue
In some areas of the country any time one puts a fence close to but not on the line you are more or less giving up any future claim to  that strip of land outside the fence

Blade at 45, Tell neighbors to FO, electrify fence.  

Something like this

Meh...  Stop building for a couple of days then let your dogs shit in his yard and wait for him to ask you to restrain your dogs then resume building your fence.

As for the lady up the hill... Well she doesn't exist.  She will probably have never helped you with anything, watched your house when you were on vacation, loaned you anything so for all intents and purposes, the nitwit doesn't exist so ignore her.


DFM

If they don't want to look at your fence, they should probably build their own.  Any construction pics?

Pics of fence?

Sounds compliant, and useful to keep your dogs contained.

Neighbors can be interesting.  I specially made sure my house wasn't under an HOA but still check with the neighbors as a courtesy, like you did.  

One neighbor asked about replacing some aged cedar fencing.  I said sure, I'll go in half on my section, as did the neighbor behind them.  But the lady adjacent to them refused saying she wanted a nice wrought iron fence since she lived in a place that had them before and they were nicer.  No matter that every single lot in the subdivision has the same cedar privacy fence, she was hung up on having a wrought iron fence on that side.  Fence installer turned down the job since he doesn't get involved when one party is bitching because it's too much of a pain in the ass.  

We finally found another guy and the lady was livid.  She wanted that wrought iron fence.  Neighbor explained he'd be placing the nice, new fence 6" inside the property line and she could keep her beat-ass fence and do whatever she wanted.  At this point she came around.  We thought it would be interesting to have a small DMZ between the pesky neighbor.  

Oh, think of all the bright colors you can paint the outside of your fence!!!

FIFY

I think option #2 has a good chance of backfiring. The new guy vs a guy who has been here 20 years. A group of less than 50 voters on a topic like this tends to be a popularity contest.

Exactly how many acres are we discussing?

Offer to sell him your house at 50% above market.  Also, put up a flag pole for the lady on the hill.

Fuck them.

Where is the MS Paint?

Got it from another neighbor. Apparently the neighborhood watch is good, but OPSEC sucks balls.

One of the reasons to put it just indie the line is that even surveyors can be a bit off on their lines. I have seen even disputes when two surveyors are surveying the same property at the same time.

Also, in this instance, as vague as the rules are, any attorney worth his salt could tear it apart along with the fact that there is no official HOA and therefore no pool of money to pay for their attorney. The odds of his neighbors ponying up to sue is low IMHO.

Paint the fence pink.

Old, fat, entitled, busy body... Literally nothing going for her.

You would think the 25 other fences would make your point.

Apparently not..

Tell her you are glad she can see the fence.  You were beginning to worry that she wouldnt be able to see this.  

http://www.zillow.com/blog/do-you-have-a-neighbor-from-hell-4072/

Lord, I love living in an area where I can't even see my neighbors.

Tell them if they don't like your fence they can either (a)cough up the cash to buy you an invisible fence to keep your dogs in, (b)start paying an attorney to sue and try and enforce their interpretation of the restrictive covenants, or (c)shut the hell up and deal with it.

that's what I'm thinking giving up 6' of property is quite a bit

Did OP confess the height of his proposed fence?