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Legal Issues

Losing privacy

Posted Sep 23, 2016

Replies13
ME
MemberOriginal Poster
Sep 23, 2016
I had a township supervisor knock on my door earlier this week.  He informed me of a zoning law that any shrubbery being used as a barrier such as fencing can only have a height of four feet. I have a row of hedges between my closest neighbor and myself that goes about 100 feet long and 10 feet high.  I was told to cut them down.  A varience hearing of a cost of two hundred bucks might entitle me to six feet high.  I guess the shtubs fall under the law of fencing.  So I have spent the week cutting them all to the required height and thus losing my privacy to my neighbor.  He even thought it to be a bunch of bull and said he had no issues of the way they were. Now I have to come up with another privacy screening for next year when I return from our home down south. Thankfully we leave in two more weeks and its nude as normal down there.
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  • MA
    ManOfWicklow
    ManOfWicklow
    Sep 23, 2016
    Depending on the size of you're property, if there's enough space, you could have high bushes or trees away from the boundary line.  This should not contravene the law.
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  • DE
    DesertRat
    DesertRat
    Sep 23, 2016
    [quote]Depending on the size of you're property, if there's enough space, you could have high bushes or trees away from the boundary line.  This should not contravene the law.
    [/quote]Yes, check the setback requirements. Most zoning has a maximum height requirement for certain distances from the property line. This requirement may be, and probably is, different for all sides of the property. Many times this requirement provides room for the maintenance of a hedge without trespassing on your neighbors property.
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  • ME
    Member
    Sep 23, 2016
    Sorry to hear, what a shame. Might have teared up myself. I know I would have had an internal tantrum without a doubt.
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  • ME
    MemberOriginal Poster
    Sep 24, 2016

    Pulling out and replacing that many bushes would cost a fortune and with my buildings being  close to the property line,  I couldnt move them inward anyway. The supervisor  informed me the rule was written in order for neighbors  to see others properties  in case of fire.  Yes,  that is a big thing around this county.  They dont like even enclosed porches for the same reason.  I have decided when I come back north in the spring I will place lattice work along that side of our back porch and the wife will plant climbing plants on them.  We will then be private from the neighbors yard and house.  Not so much if Im in  my back yard tough.  The gentleman  next door has caught me naked a couple times by stopping over to our place.  He is 86 and not much of a threat.  His wife is a bit younger and Im sure he has said something  to her about my nudity and probably doesnt care much since she is a home body and sits inside all day.  My concern is their great grandkids when they are around.  I dont think its going to really much of a problem  for me actually.

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  • JO
    John
    John
    Sep 25, 2016
    [quote]I had a township supervisor knock on my door earlier this week.  He informed me of a zoning law that any shrubbery being used as a barrier such as fencing can only have a height of four feet. I have a row of hedges between my closest neighbor and myself that goes about 100 feet long and 10 feet high.  I was told to cut them down.  A varience hearing of a cost of two hundred bucks might entitle me to six feet high.  I guess the shtubs fall under the law of fencing.  So I have spent the week cutting them all to the required height and thus losing my privacy to my neighbor.  He even thought it to be a bunch of bull and said he had no issues of the way they were. Now I have to come up with another privacy screening for next year when I return from our home down south. Thankfully we leave in two more weeks and its nude as normal down there.
    [/quote] Before you cut the shrubbery, you should have gone and looked up the actual zoning law. Many times the supervisors get it wrong. For example, I was told the portable shed I got to put in my back had to be 10' from the property line. After looking it up, that was only the road side (front) property line due to various right-of-way easements for utilities/road work.  The 4' rule probably only applies from the front of your house to the roadside.  I bet from the front corner of your house to the back property line there is no limit or it is very high (10' +)

    John aka cobeachbum


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  • ME
    Member
    Sep 26, 2016
    We can't let shrubs/trees/hedges block light into existing neighbouring properties here in the UK, but we can grow hedges etc to heights that allow decent screening, four feet comes across as crazy. I don't consider that we live in a red-tape free country by any means, but I think you've got it worse in the US from what I read  and hear about incidents like these.
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  • ME
    MemberOriginal Poster
    Sep 26, 2016

    Yes,  I probably should have did a bit more research.  Not a problem now since in two weeks we  will be heading south to our winter home and its getting a bit cool around here for outdoor nudity. The bushes we have grow quickly,  so I am hoping by the time we get back here in May they will be on their way to being private again.  I do have to go to the township office for dog license so maybe Ill make a stop at the zoning office.  Thanks all

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  • ME
    Member
    Sep 26, 2016
    [quote] I don't consider that we live in a red-tape free country by any means, but I think you've got it worse in the US from what I read  and hear about incidents like these.
    [/quote] We live in the County seat where all court cases are handled. That means we have a gaggle of atty offices on every corner, certainly a very litigious conservative area . Loads of ordinances it seems for everything and the answer to often is no you can't do that. After years of aggravation I learned to do what I need or want done and ask forgiveness if anything is said.  I have never had to pay a penalty yet but what I see it's cheaper if you do get fined than go through the system to begin with.

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  • ME
    MemberOriginal Poster
    Oct 4, 2016

    Yesterday I talked to the zoning officerin the township building.  The rule actually is written toward front yard hedges mostly.  It is for visibility from driveways and for the visibility of emergency  situations.  Such as fire.  And appearance.  The hedges in the back yard has no height limits but must be kept trimmed for appearance reasons so as not to upset your neighbor.  Though they are already cut.  They will grow fast enough come spring and i will have my privacy back

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  • MA
    ManOfWicklow
    ManOfWicklow
    Oct 4, 2016
    [quote]Yesterday I talked to the zoning officerin the township building.  The rule actually is written toward front yard hedges mostly.  It is for visibility from driveways and for the visibility of emergency  situations.  Such as fire.  And appearance.  The hedges in the back yard has no height limits but must be kept trimmed for appearance reasons so as not to upset your neighbor.  Though they are already cut.  They will grow fast enough come spring and i will have my privacy back [/quote]That's good news.  You can now enjoy many more years of happy nude gardening.
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  • MI
    Mitch
    Mitch
    Jan 3, 2017

    Hmm. What if you made platforms 5 feet high and ontop of those had your 4 foot bushes? They would technically be only 4 feet tall?

    Heh, I am guessing that would not fly.

    Stay naked!

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  • PA
    Paul
    Paul
    Jan 9, 2017
    [quote]Yesterday I talked to the zoning officerin the township building. The rule actually is written toward front yard hedges mostly. It is for visibility from driveways and for the visibility of emergency situations. Such as fire. And appearance. The hedges in the back yard has no height limits but must be kept trimmed for appearance reasons so as not to upset your neighbour. Though they are already cut. They will grow fast enough come spring and i will have my privacy back[/quote] So this shows that you need to find out if the person who comes out with these things are correct before you do anything as there are so many of these types who think they know these laws but are clueless.
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  • CH
    Chris
    Chris
    Mar 2, 2017

    It's quite common to have bylaws that say fences on the front facing part of the property must be no taller than 4'. I have noticed though, large estate owners do not seem to have this rule enforced, having a wall around the property, and a hedge that grows beyond it up to 12 feet, and a steel gate on the driveway.

    It must be zoning.

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