Neighboring Fences

FlapjackMcCoy

Bronze Supporter
Aug 13, 2019
121
North Carolina
Hello,

According to local pool code we must put up a fence on the side where my neighbor already has a fence. Any ideas on how to do this and make it look/function well? They have a wood privacy fence that is really showing it's age. If we put up a aluminum fence we have to see the older fence and somehow maintain the area between the two fences (it's about 150 ft). If we put up our own wooden privacy fence I don't even know how I will be able to get behind it to clean out leaves and the occasional ball that the kids knock behind there. Plus whatever decides to grow between the two fences. How have you solved this issue?

Thanks
 
Flap,

Are you sure??? I only ask because while it is true that the yard needs a fence, around here the fence between properties counts as "your" fence.. I can see how this would not be true if your neighbor's fence is 10 feet on his property and you have no way to connect to it.

Is the problem that you neighbor's fence is the right height or material?

If code really says you need a fence, I would talk with the neighbor and see if you can share the cost of a new fence to replace his..

Worst case, I'd build a fence right up against his and let him take his down..

Thanks,

Jim R.
 
Yes, you are correct. The problem is their fence has the nice side facing out and the climbable side facing in, so it is not compliant for our purposes. They have a pool too, and we have a good relationship - but I do like to keep things separate so no wheeling and dealing. I'm just trying to think of a creative design solution to deal with this and coming up blank. I think worst case scenario I build my fence with plenty of room to get behind it and maintain.
 
Just put in a gate. Wide enough that any wheelbarrow or lawnmower you have fits through.
 
My pool sits in as oasis of landscaping. The wide gate goes to the shaded hardscape seating area and an acre of yard. The narrow gate on the other end leads to the path from the house.
 
Put in a gate on the the new fence. Even if you have to go through existing landscaping and whatnot to get to it, at least you can get through to have access to the dead zone between the old fence at the neighbors and the new fence for code. Or I’m not picturing it correctly in my head and disregard my idea.
 
Flap,

Every location is different, of course, but in my location and I think most locations, the "none climbable fence" requirement is for fences that face an alley way or a street.. A neighboring fence is not included in the requirement.. If both neighbors have pools one of them will have the side with the rails.. I would double check with the city..
 
Definitely check the codes. We are required to have a non climbable fence of a minimum height, the gates must be self closing and lockable. The opening mechanism has a minimum height requirement as well. Each of my gates has a post that sticks up 6" high than the fence. The lock release is at the top of the raised post.
 
Thanks. I did not want to fence around the pool because we may decide later to extend it and also I am sure the kids would be hopping over it and it would get all bent up. Sounds like the best thing to do is give it enough room between the two fences and suck it up and do the maintenance. Our pool fence laws say that only pedestrian access gates must be outward opening, self latching and self closing, but in this case I would not view this gate as a pedestrian gate. I suppose that is up the inspector though. I do have a vehicle access gate that is 90" and I don't plan on making that complaint either other than self latching since that is not a pedestrian gate either. PB agrees but says I need to decide to either make it compliant and hope the inspector isn't having a bad day. Still haven't made up my mind yet.
 

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I'd also recommend checking the codes. Around here, in your situation, his fence would 'count' as an approved barrier in that segment if:
1. Your fence and his were connected...no gap.
2. His fenced in pool / yard has already been certified to code. That mitigates the "climbable fence" issue, as his side is already deemed secure.
 
A tall enough fence and nobody will be hopping over it. Mine is aluminum rail and I think about 4' tall which is the minimum height. You have a bottom rail almost at ground level, a top rail and a reinforcing rail 6" under the top rail. The rest is open. There isn't anything there to climb on. The State adopted a minimum standard which made it easier since all of the fence companies have to meet it.
 
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Sounds like easiest solution would be to just add pickets on their side of the fence. Although if the posts and the rest of the pickets are in bad shape and may soon need replaced, then that might be throwing away a bit of money. I would think they would not object to this as it would make the fence look better on their side.
 
Thanks, all very good thoughts. Next time I see him I will bring up the idea of splitting the cost of a new fence. Unfortunately it's failing enough that I do not think it will support putting pickets on my side. I also have reached out to the local planning department to see if his fence already counts as an approved barrier as per BMK, no response yet. In my opinion this is the best option since I don't have to give up any yard and we can put the money into more decking etc.. Our code doesn't say anything about that though. It's in section AV105.2.

APPENDIX V SWIMMING POOLS, SPAS AND HOT TUBS | 2018 North Carolina State Building Code: Residential Code | ICC premiumACCESS
 
To me, that all looks pretty standard. Minimum 48" fence with self latching and self closing gates.

I would ask him if he will go 50/50 on the part of the fence down the property line. If not, still use his fence as the barrier on that side assuming it is on the property line, then plan to split the costs when he replaces his fence.
 

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