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48 °F Forecast | Road Cams Thursday, January 27, 2005 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Real Estate Guide Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People Volunteer Opportunities Moving to Southern Oregon? MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend May 5, 2004 Brian Morton crosses through his Medford back yard with daughter Jillian, 13, and son Max, 5, near the fence constructed by their neighbors that went 12 feet into the Mortons� property. The families settled their situation amicably. Mail Tribune / Bob Pennell Neighbors can find common ground By MEG LANDERS Mail Tribune So you think you want to put up a fence? Just as poet Robert Frost questioned his neighbor’s mantra, "good fences make good neighbors" in "Mending Wall," so property owners should question many things, including the need for a new fence. Doug McMahan, surveyor with Hoffbuhr and Associates, Inc. of Medford, said he’s seen many neighbor relationships go bad over fences. The one that stands out, however, is where the neighbors stayed friends with each other. Beth and Ray Curl were worried more than a year ago when they learned they had about 70 feet of fence line and landscaped yard that was actually 12 feet into their neighbor’s property. Fortunately, their neighbors were Laurie and Brian Morton. Advertisement "We just traded a little bit of our front yard for the property," said Laurie Morton. Then the couples legally adjusted the lot line. "We don’t mind, we liked them a lot," said Laurie Morton. "It’s nicer to like your neighbors than to have issues." "It just made sense," Brian Morton agreed. Beth Curl said she was glad it worked out so well, because their children play together, and there aren’t hard feelings between them. "We wanted to resolve it while we had nice neighbors," she said. Their story is unusual. Keith James, owner of Medford Fence, said after 32 years and thousands of fence installations, he’s seen a lot of unneighborly disputes. He said he’s seen neighbors disagree over fence height and fence material, but the biggest problem is property lines. "It can get ugly," he said, adding he’s seen many lawsuits result from lot disagreements. So he says he tells customers that — before they dig the first post hole — they need to talk to neighbors and find the lot lines. Sometimes determining property lines is simple, he said. "If it’s been legally surveyed, then it really isn’t a problem to come out and find the markers," he said, adding that local markers are often a yellow plastic cap on top of a piece of rebar in the ground. McMahan, the surveyor, said a half-acre parcel may cost $1,000 to $2,000 to survey, depending on the situation. "A lot of times those documented lines don’t fit the fence lines," he said, adding, "You should find out what’s yours before you build." Medford attorney Joe Kellerman said he’s handled 40 or 50 lawsuits over property line disputes, about 20 of which have gone to court. "People sometimes get really goofy over 6 inches of land," he said. "There’s cases where it’s actually come to people discharging firearms," he said. "I’ve seen people have a standoff with a bulldozer." There are alternatives to legal battles, he said. Neighbors can give up their land, or they can give their neighbors the right to use the land, a sort of easement. Or they can sell. It’s also important to know local ordinances. For example, in Medford, the maximum fence height is 8 feet; but in the first 20 feet back from the property line adjacent to the street, the maximum height is 3 feet, according to Sarah Sousa of the Medford Planning Department. "All the utility companies want access," she said. Corner properties can’t block the line of sight for drivers, she said. So it turns out that it’s good neighbors that make good neighbors. "Keep peace with your neighbors," said Kellerman. "It’s worth a lot." Check around first If you’re planning to build a wall, fence or decorative planter at the edge of your property: Talk to your neighbor(s) about the project. Locate your property markers or hire a surveyor to learn where your property lines are. Check with the local planning department and neighborhood covenants about height requirements and other regulations. Be sure utility companies still have access where needed. Seek legal advice if you’re uncertain about your rights. Reach reporter Meg Landers at 776-4481 or e-mail [email protected] . Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2005 Mail Tribune. All rights reserved. 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