There is a story today about someone who placed a line of old toilet commodes, brushes, etc. where a proposed fence would have been, to protest the township's decision not to allow him a variance to build a privacy fence. There were no zoning rules about toilets.
It occured to me that being a fence contractor is one of the likeliest professions to be put in the middle of some nasty disputes... with the neighbors, with the town boards...
A spite fence, for example, is a fence built just to spite someone.
The question(s) is: Have you ever been asked to build a "spite fence"? How do you keep yourself from being drawn into a neighbor battle? Do you have any stories on this subject?
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3 comments:
Anyone who entertains the idea of knowingly building a "spite fence" is literally asking for confrontation.
Neighbor disputes should always be directed to the fence buyer. However, the contractor must do his homework upfront with the proposal in the first place. Unless he is willing to take on the issues such as surveying, line stakes, permits, HOA bylaws, etc., he should do everything possible to exclude any and all potential liability possibilities in writing and approved by the buyer.
As we in the trade know, neighbor disputes can spill over to the contractor himself. How many times have our crews been told "you can't put that fence there, it's my property" or "it obstructs our view" or "this is not approved by the association". At times, these neighbors can be very irate and confrontational. Many times the neighbor may very well be in the right.
The contractor should assess every potential of neighbor confrontation.
Crews should not engage themselves in these disputes. They should be advised that any disputes of this nature could be dangerous and costly. Crews who face such problems need contact their supervisor or project manager immediately and shut down for further direction. It is the responsibility of the supervisor or project manager to contact the owner ASAP for resolution.
If danger or confrontation further exists, the crew should stop immediately and leave site until further directed by management.
We are doing one now. Big bad state trooper uses little old ladies yard to pull his boat in and out of his back yard. Within 30 days she will have a 4ft chain link fence on that side of the house from front property line to rear. Once the fence is up any boats in the back yard will be trapped. We have not decided whether to tell him or let him rent a crane.
We recently just finished a "spite fence" but went into it unknowingly. These homes back up to a 'lake' as the neighbor put it (it really is a drainage pond for heavy rains) and the HOA doesn't allow 6 ft fences, only picket fences.
The homeowner mentioned this to us, but showed us her approval for a privacy fence. So, what else could we say, but, "of course we'll do your fence."
As our guys got there the first morning to set the posts, the drama began. The neighbor came over, confronted our workers, and just in time the homeowner came out and told the neighbor it wasn't his problem that she had permission.
This persisted and finally our guys finished. That night, I got a call from a man who gave me his address and wanted to 'inquire about a fence' He rudely started in, "how in the **** are you putting up a 6' fence at that home, it's not allowed." I pretty much played dumb and pretended I didn't know what he was talking about and asked him to explain himself. He somewhat calmed down and said that we couldn't finish the fence. I calmly told him he needed to take that up with the home owner. She has the correct permission and we do what our customers ask for. I was told to wait for a call from the HOA. I directed him to the homeowner and to deal with her.
We really lucked out, the homeowner really stood up for herself and put the neighbor in his place and was watching over our guys the entire time they were doing the fence to make sure no one was bugging them.
Needless to say, in ALL circumstances, make sure you have all your permits, licenses, and HOA permission required before starting ANY job!! You just never know what kind of neighbors will pop up! I agree with another blog, calmly direct all neighbors with issues to speak directly with the homeowner or HOA and always remain NEUTRAL!!
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