panel clearance vs. property line

[e57]

In my area, if you are to install a fence, it must be 2' in from your property line (and the "pretty" side faces away from your house). Therefore, a fence can't infringe on the panel working space. If the panel presently has 3' to the property line, I don't see how an AHJ can say it is a violation. JMHO.

Hmmm so the fence is IN your neighbors yard?

Apparently it doesn't have 3' - that's the problem...

 

[e57]

4" or so may not be enough to justify a requirement to move the service.

Sure it is... Rules are rules...

FWIW - I'm gonna go rip out that hedge coming into my front yard - RIGHT NOW.... Inches - miles - who cares...

 

[lakee911]

Hmmm so the fence is IN your neighbors yard?

Apparently it doesn't have 3' - that's the problem...

No ... he said "from the line." It's just that, a line. He can not obviously install a fence, but if his neighbor did it would be 2 feet past the property line...thus the 3 feet.

 

[pfalcon]

Hmmm so the fence is IN your neighbors yard?...

In my area, if you are to install a fence, it must be 2' in from your property line (and the "pretty" side faces away from your house). ...

He's implying words. Read as : In my area, if you are to install a fence, it must be 2' into your own yard as measured from your property line.

Other areas have no setback for the fence. And some declare the fence joint property of both owners.

 

[pfalcon]

In any case, one could also argue that the HO has earned a de facto easement based on the neighbor not complaining about the existing device that extends into the setback.

Easement will not be granted.

There is also a possibility that the property line is not exactly where the inspector might have thought it is. It is also not unusual for local codes to prohibit installing a fence under the conditions described.

The boundary is considered to be where the two owners believe it to be until one of them has evidence it is elsewhere, such as a site survey.

I think there are a lot of good arguments that the HO could make. Whether the pin heads at the inspection department listen is another thing.

Best argument is that a repair not an upgrade was made.

Possible scenario if left in place:
Other property owner builds a fence.
Panel property owner can't get service for the panel until it gets moved.
Possible legal actions all around.
If the judge understands property rights then the decision permits building the fence. The panel owner has to solve their own problem. And pay legal expenses.

 

[petersonra]

Easement will not be granted.

After 80 years, it would not be real hard for the HO to claim he already has a valid easement. Google prescriptive easement.

But I do not think it is necessary. The access is clearly there right now and that is what matters. What might happen 80 years down the road is not at issue.