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?
Lawsuit / Dispute Attorney
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.
Holbrook & Associates LLC
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General Practice Lawyer
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.
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