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Laws behind putting a fence on a property line?

Posted on 9/22/16 at 8:38 am
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 8:38 am
Do the posts and boards need to sit within the property line or can they be put right on the property line which would results in about 3 inches on each side of the line? This would be between my yard and the street so no neighbor involved. I am already having to move my fence posts closer since they were set 12 inches outside of the property line by the fence company due to the line stakes being in the wrong place. Problem is, an ATT main line runs 2 inches on the inside of my property line so I won't be able to set the fence on the inside of the line. It will need to go right on top of it
This post was edited on 9/22/16 at 8:40 am
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 9/22/16 at 8:43 am to
I would put the fence completely on your property.
So the AT&T line isn't in a servitude but on your property?
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 9/22/16 at 8:44 am to
I ended up having to spend almost +$2k to get a $500 fence built because of the parish permit/code office. Better be safe than sorry, so I'd call them
Posted by El Jefe
_______(\___ southeast of disorder
Member since Jan 2004
1223 posts
Posted on 9/22/16 at 8:44 am to
legally, the municipality owns the street right-of-way, so no you can't put your fence in the right of way.

realistically, if you do, especially by 3 inches, they will not likely ask you to move it.

Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 8:45 am to
quote:

So the AT&T line isn't in a servitude but on your property?

That is correct, and it is preventing me from building within the property line. Next to the ATT line is another fiber line, then 2 separate electrical lines. I'd have to move the fence in 9 feet to clear all of the lines that start right at my property line.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 9/22/16 at 8:47 am to
quote:

Next to the ATT line is another fiber line, then 2 separate electrical lines. I'd have to move the fence in 9 feet to clear all of the lines that start right at my property line.


something doesn't seem right here.
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 8:49 am to
I had the developer come out and mark the property line for me (he pointed out the underground metal property pipe at each corner of the lot that marks the official line). I had 811 come out and mark all the utilities. Everything is within the property line and spans about 9 feet.
Posted by El Jefe
_______(\___ southeast of disorder
Member since Jan 2004
1223 posts
Posted on 9/22/16 at 8:52 am to
quote:

ATT main line


If it's the main line that feeds your house, that's no big deal. If it's the main line that services the subdivision and there is no servitude for them to be in, I would contact an attorney.
Posted by El Jefe
_______(\___ southeast of disorder
Member since Jan 2004
1223 posts
Posted on 9/22/16 at 8:54 am to
And if there is a servitude, which there likely is if there is multiple utilities in the ground, you technically can not build in the servitude. Ask your developer for a copy of the subdivision plat.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 9/22/16 at 8:56 am to
Are you sure you aren't accounting for a servitude that is on your property? Do you have a plot of your property?
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 8:56 am to
quote:

If it's the main line that feeds your house, that's no big deal. If it's the main line that services the subdivision and there is no servitude for them to be in, I would contact an attorney.

There are two markers from 811 for ATT...one you can see the fiber line that peels off and goes to my house. The other ATT line continues on to other lots so it is assumed that it is a main line that serves the subdivision
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 8:59 am to
There is no servitude listed on the plot plan, only something called "building setback zone". The plot plant is only of what is within my property line- it doesn't include the ditches or ~7ft on both side of the ditch. I took the measurements of what was on the plot plan.

ETA: I see something that says 10' Utility Esm't. What does this mean?
This post was edited on 9/22/16 at 9:02 am
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14031 posts
Posted on 9/22/16 at 9:03 am to
quote:

I see something that says 10' Utility Esm't. What does this mean?


pretty much a servitude for the use of utility companies.

Utility Easement:
quote:

The property owner owns all of the land including the utility easements. However, utilities have a right to access that portion of land which has been designated a utility easement
This post was edited on 9/22/16 at 9:08 am
Posted by maisweh
Member since Jan 2014
4066 posts
Posted on 9/22/16 at 9:04 am to
Just put it on the line. Screw it. Realistically no one will tell you anything. And the permits are just another way to ger the parish some money, just put it up
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 9/22/16 at 9:05 am to
10 ft utility easement is what they put their lines in

Congrats on them only using 9 ft
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 9/22/16 at 9:06 am to
Also I had a drainage easement at my last house, I put my fence on property line.

I also assumed no one would ever want to put a buried drainage line in our neighborhood and took the risk of them ripping it down.
Posted by TigerTatorTots
The Safeshore
Member since Jul 2009
80780 posts
Posted on 9/22/16 at 9:06 am to
Next question- I just spoke to an ATT guy who happened to be outside. He said the conduit that is running along my property line is likely 3.5-4ft deep. Am I allowed to build a fence that on my own property line where the 10' utility easement is on the inside of the fence? Or does the 10' easement need to be on the outside of the fence
This post was edited on 9/22/16 at 9:08 am
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 9/22/16 at 9:08 am to
quote:

Next question- I just spoke to an ATT guy who happened to be outside. He said the conduit that is running along my property line is likely 3.5-4ft deep. Am I allowed to build a fence that on my own property line where the 10' utility easement is on the inside of the fence?


probably not, but be prepared if they ever need access. They will rip it up and not repair


ETA, if you do, I'd put gates on each end of that side of the fence
This post was edited on 9/22/16 at 9:09 am
Posted by White Bear
Yonnygo
Member since Jul 2014
13901 posts
Posted on 9/22/16 at 9:08 am to
quote:

ETA: I see something that says 10' Utility Esm't. What does this mean?
That's the easement so the companies are good if all utilites are inside the 10'. I had a fence along my back property line where phone, power and cable had easements and it was no issue.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 9/22/16 at 9:09 am to
quote:

I see something that says 10' Utility Esm't. What does this mean?


10' Utility Easement is where the utility companies can do whatever they want. I responded in your other thread about this but realized that you didn't seem to have all the info or know what it all meant. You need to build your fence on the other side of that 10' or they can (although not likely) make you tear it down (at your expense) if any utilty needs to access that area.
I also know the contractors that bury all the lines for AT&T and I would bet a month's salary that it isn't 3'-4' deep.
This post was edited on 9/22/16 at 9:12 am
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