# Building a wooden privacy fence **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 19, 2015, 4:56am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582 "2015-07-19T04:56:52Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![nampa\_Mike](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@nampa\_Mike](https://boards.straightdope.com/u/nampa_Mike)\ **Post date:** [July 19, 2015, 4:56am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/1 "2015-07-19T04:56:52Z")
My next door neighbor has built an 8 foot wooden privacy fence with a row of railroad ties as the ground base within 6 inches of my home. This fence runs completely along the entire side of my house. Blocking my veiw from 3 different windows. There is no room to get between the fence and my house. His fence continues along the side of my home and within 6 inches of my chain fence that runs from the back of my home that seperates my backyard from his. When I first saw that he had dug the post holes. I asked him to please move his fence at least 3 feet from my home. At the time he did not have the railroad ties. Therefore I thought that he was going to use normal fencing material. He said OK but then he had a lawyer send me a formal letter basicaly telling me that he was going to build the fence at his cost and he did not want me to interfere with the fence building. I wrote his lawyer back and told him that as long as he built it at least 3 feet from my home there was no problem. I will be glad to not have to look at the junk and garbage that he has all over his property. But he went against his words, and my wishes and built the fence right where I asked him not to. I am not conncered about the fence in the back yard part. I’m glad I don’t have to look at his crap any more!!! I am only concered about the part that runs right up against my house that he used old, black, oily, stinky, railroad ties to build it with. Seems like a fire hazard to me!!! If I had know that he was going to use railroad ties to build his fence I would have objected!!! My question is: Is it legal for him to build an 8 foot wooden fence that consist of old railroad ties that runs the whole length of my home within 6 inches of my home??? ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [July 19, 2015, 5:15am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/2 "2015-07-19T05:15:58Z")
Check your local town ordinances – they will almost certainly have regulations on this. First check that the property is actually right there, and he didn’t encroach onto your land. Then many towns have a setback requirement – fences must be x inches back from the property line. Finally, many towns regulate the materials that can be in a fence. Old, used railroad ties might not be allowed. Also, many of them were soaked with creosote or similar preservatives, which are now known as dangerous or carcinogenic. Your town or state Pollution Control agency may object to this. ---
**Author:** ![Whatever4](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@Whatever4](https://boards.straightdope.com/u/Whatever4)\ **Post date:** [July 19, 2015, 5:23am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/3 "2015-07-19T05:23:04Z")
1. Go to your local Planning and Zoning and request a copy of the regs covering fences, minimum and maximum heights, setbacks from property lines, etc. 2. Check your deed or go to the Registrar’s office and see if a survey of your lot has been done, or if you can get a copy of the plat for your subdivision showing your house and your neighbor’s and the lot lines. 3. If 1 and 2 don’t work, then get a survey done. ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [July 19, 2015, 1:29pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/4 "2015-07-19T13:29:02Z")
How old is your house? It’s been a while now that building codes require that structure be 5 feet from any property line, even more from public streets. I find it _very_ suspicious your neighbor has already lawyered-up, you can outflank him by contacting your local legislative representative. First stop is the building department, get the Straight Dope on codes and ordinances. Next contact the surveyors department, they’ll have maps and descriptions and the like. Make sure all these bureaucrats take a liking to you, you’d be surprised what they’ll be able to do for you. ---
**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\ **Post date:** [July 19, 2015, 3:25pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/5 "2015-07-19T15:25:37Z")
I agree with the above. Most local governments are necessarily reactive, not proactive when it comes to things like this. Get the facts, figure out if the guy is in violation of local codes; if so, then file a complaint. In our neck of the woods, there are required setbacks for fences, and also height restrictions. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [July 19, 2015, 3:34pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/6 "2015-07-19T15:34:18Z")
If you want to do a little research on your own, this is a great on-line tool, albeit a bit tricky to use until you’ve done it a few times: [Municode](https://www.municode.com) It’s probably a lot easier, as already advised, to go to your local Planning and Building Dept to talk to someone. Most municipalities have counter hours where anyone can just walk in and speak to one of the planners or building inspectors. I would be surprised if your neighbor is in the right, even if your house is right on the property line. ---
**Author:** ![FluffyBob](https://avatars.discourse-cdn.com/v4/letter/f/ecb155/32.png) [@FluffyBob](https://boards.straightdope.com/u/FluffyBob)\ **Post date:** [July 19, 2015, 3:53pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/7 "2015-07-19T15:53:29Z")
I doubt building codes allow anything with a poor fire rating like railway ties to be built within 4’ of your home. Definitely talk to planning and development at city hall. Development regulations rather than Building Code is what deals with property encroachment and the limits of what one can build without affecting your neighbour. Development for a neighbourhood is usually overseen by the community association as well as the municipality. Getting in touch with and making some friends at the community association would be very astute. Development will usually have rules about the height and material of the fence allowed between homes. You should also be digging out your Real Property Report and also a site plan if you can find one. Find any pictures you can that show the original arrangement. You need to find out where your property line is, I really doubt it is six inches from your home. A fence is usually considered a joint endeavour, it is not unusual to ask a neighbour to pay half the cost of a fence. It is also common procedure to have the neighbour agree to the appearance of the fence. Whether you pay for half the fence or not you still should have a say. You might want to have your lawyer look at the correspondence. Although your neighbour sounds like a complete asshole, resist the urge to drop a bag of rabid badgers over the fence. ---
**Author:** ![Steverd](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@Steverd](https://boards.straightdope.com/u/Steverd)\ **Post date:** [July 19, 2015, 5:12pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/8 "2015-07-19T17:12:08Z")
The building codes are prob. online, they are for me city. Which limits the height of any fence to 6 foot. But definately check city codes for fences, some cities have shared fence laws and some don’t. ---
**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\ **Post date:** [July 19, 2015, 5:13pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/9 "2015-07-19T17:13:07Z")
You may discover that none of the fencing bylaws apply to privacy structures. If there is an existing fence, in situ, then this IS a privacy structure, and you may find very few codes or bylaws apply to its size or construction. Drop by the local office that regulates such things and talk to them. There’s no point it working yourself into a boil about something you’re not going to be able to change. Save it it till you actually know the deal. This will save you a ton of frustration. At the county office they’ll be extremely helpful in educating you about what can and cannot be done. Because they’d much rather deal with you both now than after a neighbour war starts. Where I live, I’m under no obligation to consult you on the nature of my fence if I’m paying for it entirely myself. So check the codes, get informed! We don’t even know where you reside, after all. Then come back here and tell us. Because even for a privacy shelter, 8’ high seems unlikely to me. Will any light or air get through at all? Because that could matter too! Good Luck ! ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [July 19, 2015, 5:34pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/10 "2015-07-19T17:34:48Z")
**nampaMike** … I’m guessing you live in Nampa, ID. Pull the copy of the building permit, that should say exactly what is going on … or maybe your neighbor didn’t get a permit? [Citation](http://www.cityofnampa.us/documentcenter/view/868) “[A fence is illegal if] … constructed or maintained for the purpose of maliciously annoying the owners or occupants of an abutting property.” ---
**Author:** ![Amateur\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/a/59ef9b/32.png) [@Amateur\_Barbarian](https://boards.straightdope.com/u/Amateur_Barbarian)\ **Post date:** [July 19, 2015, 6:48pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/11 "2015-07-19T18:48:57Z")
Having a lawyer write a stiff, aggressive letter has all the legal standing of a notice in the newspaper. Most fences don’t require permits unless they’re over a certain height or there are other considerations. In many places, though, anything over six feet requires a permit or is forbidden under “spite fence” laws. Your local planning and zoning office is your next stop, if the above posts haven’t made that clear. I bet one virtual wooden nickel you’re right, he’s wrong and he’s going to be _pissed_ about it. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [July 19, 2015, 11:35pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/12 "2015-07-19T23:35:01Z")
Ditto talk to your town hall. In particular ask about: Setbacks Permits Regulations regarding construction (e.g. frost depth) Fencing materials I would also see if the town can survey or if a survey has been done so you don’t lose part of your lot to adverse possession. ---
**Author:** ![Whatever4](https://avatars.discourse-cdn.com/v4/letter/w/f04885/32.png) [@Whatever4](https://boards.straightdope.com/u/Whatever4)\ **Post date:** [July 19, 2015, 11:58pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/13 "2015-07-19T23:58:52Z")
I’m going to add my zoning experience. My neighbor has two structures built too close to the property line. When the first was built, I didn’t know about zoning regs. But when the second was going up, I called Planning and Zoning and learned the regs andd filed a complaint. A hearing was held. Neighbor told to move the buildings. Buildings are still in place years later. Seems local P&Z doesn’t really do enforcement. Not in the budget, etc. I let the matter drop to maintain a somewhat cordial neighbor relationship. I may try again if/when I decide to sell. I hope you get better results. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 20, 2015, 6:21am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/14 "2015-07-20T06:21:20Z")
[http://www.cityofnampa.us/DocumentCenter/View/137](http://www.cityofnampa.us/DocumentCenter/View/137) Nampa, Idaho - permit application, and rules. (Solid) Fences must be no more than 6’ in back yard, 3’ in front. I still don’t understand how his property is less than a foot from your house wall unless it’s a really really old house. Most bylaws in the last few decades require houses to be set back several feet (5 feet, 6 feet, 4 feet depending on locale.) There’s also the fire-break separation (8 to 10 feet between dwellings). I’ll agree with the above comments - in many locations, old railroad ties are an environmental hazard. If necessary, get a precise (insured) survey done to verify the property line. Quite often this is a requirement when selling a house, so perhaps your lawyer for the house purchase has one on file if it’s not in your files. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [July 20, 2015, 7:03pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/15 "2015-07-20T19:03:28Z")
Think we’ll ever hear from the OP again? ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 20, 2015, 7:38pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/16 "2015-07-20T19:38:26Z")
> [@Omar\_Little](#): > > Think we’ll ever hear from the OP again? Not now, he’s fenced in. ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [July 20, 2015, 11:32pm UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/17 "2015-07-20T23:32:33Z")
We prefer that real-life legal questions go in IMHO rather than General Questions. **samclem** , moderator ---
**Author:** ![nampa\_Mike](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@nampa\_Mike](https://boards.straightdope.com/u/nampa_Mike)\ **Post date:** [July 21, 2015, 4:23am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/18 "2015-07-21T04:23:21Z")
What is “IMHO”? ---
**Author:** ![nampa\_Mike](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@nampa\_Mike](https://boards.straightdope.com/u/nampa_Mike)\ **Post date:** [July 21, 2015, 4:32am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/19 "2015-07-21T04:32:08Z")
Thanks but I can’t read the link. Just get a box with red x in the top right corner. ---
**Author:** ![nampa\_Mike](https://avatars.discourse-cdn.com/v4/letter/n/b9bd4f/32.png) [@nampa\_Mike](https://boards.straightdope.com/u/nampa_Mike)\ **Post date:** [July 21, 2015, 4:33am UTC](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582/20 "2015-07-21T04:33:23Z")
> [@watchwolf49](#): > > **nampaMike** … I’m guessing you live in Nampa, ID. > > Pull the copy of the building permit, that should say exactly what is going on … or maybe your neighbor didn’t get a permit? > > [Citation](http://www.cityofnampa.us/documentcenter/view/868) > > “[A fence is illegal if] … constructed or maintained for the purpose of maliciously annoying the owners or > occupants of an abutting property.” Thanks but I can’t read the link. Just get a box with red x in the top right corner. [Next page](https://boards.straightdope.com/t/building-a-wooden-privacy-fence/725582.md?page=2)