Whether you want more privacy and security or to enhance the design of your backyard retreat, adding a fence can make a huge difference to how you enjoy your space. And while you might be wondering if you should invest in budget-friendly chain link or more luxury materials, it’s even more important to make sure your fencing project complies with municipal regulations and bylaws, including your legal property lines. Here’s what you need to know, and how experts can help.
Where to start before putting up a fence
Before knocking on any doors, do some research to figure out what kind of fence you want, when you’d like to have it installed, and what municipal rules and requirements you’ll have to respect. This includes minimum and maximum heights and types of models and materials permitted, says Kelly Grant, an associate and REALTOR® with MaxWell POLARIS in Edmonton, Alberta.
“Once that’s established, then it’s important to speak with the neighbours to decide what the project is going to be before any work takes place—including any suppliers or installers being hired,” says Grant, who is also a civil and construction management engineer.
Brian Hutchinson, co-owner of outdoor construction company Groupe Ubora in Baie-d’Urfé, Quebec, always asks homeowners for a copy of the certificate of location before beginning a new fence project.
“It shows us the plot plan of the home, including the size of the house and your land. That’ll tell us exactly where the fence should be. Then at that point, it’s up to our clients: if they want it right on the shared line, then ideally, it’s advisable to split the cost with the neighbour,” explains Hutchinson.
If you don’t have a current certificate of location, Grant advises hiring a licensed surveyor to determine exactly where the property line is and create a new property report in compliance with the municipality. The surveyor will stake your boundaries with pins.
Consider your neighbours when installing a fence
If you’re sharing the cost of the fence with your neighbour, Hutchinson suggests putting that detail in writing so the contractor plans will show the fence either inside the property line if you’re footing the bill, or right on the line if the fee will be shared. Your neighbours are not required to pay for new fencing or upgrades, notes Grant.
“If one or multiple neighbours do not want a fence, they cannot legally stop you from installing a fence on your own property that’s inside the property line, providing the homeowner meets all the municipal and/or condo by laws,” he says.
With several neighbours beside and behind you, each fence project is mutually exclusive from the other and should have separate agreements, he adds, and for any fencing disputes, it’s smart to consult a lawyer for advice if an agreement can’t be reached. Even if you’re not planning to split the cost of the new fence, it’s always advisable to inform your neighbours as a courtesy, he adds.
“There are going to be trucks and equipment, and when we drill and cement the post, it can make a bit of a mess in terms of excavation. We always clean it up afterwards, but good to be aligned with whoever is beside you and behind you,” says Hutchinson.
What should your fence be made of?
There are options at all price points for new fencing. A chain link fence is the most economical, followed by pressure-treated wood and ornamental versions that look like steel.
“Then, we have a hybrid and vinyl mix, which is an aluminum post and frames and a vinyl plank, which looks like a composite. And finally, there’s aluminum and composite, which is the higher-end style of fencing,” says Hutchinson.
If you’re sharing the cost with a neighbour, Hutchinson recommends a hybrid aluminum and vinyl fence or a composite fence because they look the same on both sides while providing good privacy. Other considerations include the size of fence panels, gates and hardware, distances between fence posts, and any foundations required, adds Grant.
“To take maximum advantage of your fence investment for resale, I advise homeowners to consider earth tones that would appeal to most future buyers, as opposed to others that stand out, that might only appeal to a small segment of buyers,” he says.
Check with your municipality regarding fence specifications
You might have restrictions on which fence to install depending on where you live—anything from how far you must set the fence back from the property line, to acceptable building materials, to standardized heights. For example, in one city Hutchinson regularly does work in, the height of a fence is allowed to be six feet six inches, whereas other municipalities cap that at six feet.
“If you have a pool, the exterior of your fence cannot show the framing. So, if you’re doing a traditional wood fence with horizontal 2-by-4s, those must be on the inside because a child could climb up the back side of the fence if the frame is facing the street,” he explains. “Other towns don’t allow chain links for the front of your home, but they do allow them for the side and for the back.”
How to be considerate when building a fence
When discussing your fence project with neighbours (whether they’re chipping in or not) be clear about their existing landscaping, hardscaping, and plants.
“If somebody has a very landscaped yard, and there’s stone that goes up to the fence, or a garden that’s impossible to touch, those are all things that have to be talked about, as that can affect the cost,” notes Hutchinson.
“Sometimes people will hang their pool equipment on the existing fence, so it’s always good to be made aware of things like that to be sure everyone is aligned that, yes, we will be making somewhat of a mess when we come to take down a fence, drill four and a half feet deep and put our posts in.”
To reduce the mess, make sure your contractor puts down sheets of plywood or some other type of covering to protect grass or paving stones, suggests Hutchinson.
How your REALTOR® can help with fences
While REALTORS® can assist property owners by referring quality licensed surveyors and real estate lawyers that have experience securing property compliance, they cannot provide legal advice or tell you where to install your fence, notes Grant.
“We provide general advice, but not technical advice in those areas,” he explains. “REALTORS® can request a copy of the property report and compliance from the seller if it’s available and refer buyers to a qualified real estate lawyer for review to see if there’s any legal issues. If the real property report and compliance is not available at the time of the offer to purchase, the standard clause requires the seller to obtain municipal compliance on all facets of the property before completion.”
If the municipality discovers a non-complying fence, it will usually insist the seller remedy the situation, he adds. That could mean obtaining missing permits, removing the fence or compensating the buyer to do so.
Because buyers prefer homes with fences, Grant recommends sellers consider building one before putting your property on the market, as this can potentially increase its value. A well-built fence and well-maintained fence can elevate your property and last between 15 to 25 years.
But keep in mind, a poorly maintained fence may signal to buyers that there’s work to be done, which could keep some people on the sidelines. Your REALTOR® will be able to give you advice on whether it’s worth it for you to remove or fix up an old or damaged fence.
The more information you gather before building a fence, the more successful your project will be!
SOURCE AND FOR MORE INFORMATION: Figuring Out Fences: What You Need to Know
