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Can I add height to my fence for privacy?

Beaverton, OR |

My neighbor's land sits almost two feet higher than mine, which allows her to peer over the fence easily. On my side, my fence is 5 1/2 ft, while on her side it is only 4 ft. Am I allowed to add a couple feet to the height of the fence to put her sides total height to 6 ft?

Attorney Answers 2

Posted

You will have to consult two "jurisdictions" about this question as either or both will likely control fence heights. First, your local government (city or county) planning department can tell you what the code allows for fence height and how they measure it. Second, if you live in a planned community with governing documents and a homeowners association, it is likely the documentation (which is an agreement between all the homeowners) will govern fence height. The homeowner's associations rules or regulations, "trump" the county or city rules. So if the city said you could put up an eight foot fence, for example, and the association rules were a 6 foot fence, you are contractually and legally limited to the 6 foot fence.

Good luck.

Doug Holbrook
Holbrook & Associates LLC
Newport Or
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Posted

Or you could offer to build her a 6ft fence on her property. Depends on how much you want to spend, but you would then have the ability to influence the appearance of the fence you will have to look at.

This communication is for general information only. You may hire me by contacting my office, completing an intake processed to identify any potential conflicts of interest, and signing a written agreement regarding terms of representation. Until then, I am not your attorney, and nothing stated herein should be relied upon as legal advice. IRS Circular 230 requires me to advise you that if this communication contains advice concerning any tax issue or submission, the advice is not intended to be used, and cannot be used, for the purpose of avoiding tax-related penalties or promoting, marketing or recommending any tax-related transaction, plan or arrangement.

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