Perimeter Fences

Started by RR3 • 15 replies • 3072 views

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RR3 (Texas)
Posts: 40

Posted:

In our CCR's for fencing it states perimeter fences. We spoke to a lawyer and he made the comment " How do you know perimeter fences means fully enclosed fence?" I was confused by this comment as we have one homeowner out of 100 who has failed to enclose the back of his fence. The ACC has asked that he enclose his fence to be fully compliant. My question is, isn't a "perimeter" fence fully enclosed?? Sorry, confused.

PitA
Posts: 1,416

Posted:

pe·rim·e·ter.

[pəˈrimidər]

NOUN

1.the continuous line forming the boundary of a closed geometric figure:

"the perimeter of a rectangle"

synonyms: circumference · outside · outer edge

•the outermost parts or boundary of an area or object:

"the perimeter of the garden" ·
[more]

synonyms: boundary · border · limits · bounds · confines · edge · margin ·
[more]

•a defended boundary of a military position or base.

2.an instrument for measuring the extent and characteristics of a person's field of vision.

RR3 (Texas)
Posts: 40

Posted:

I agree with you but the lawyer thought otherwise and a room full of people were confused.

TimB4 (Tennessee)
Posts: 21,050

Posted:

The problem is the wording.

If I put a fence on one side of my property that fence would be sitting on the perimeter of the property. Hence perimeter fencing.

Your attorney is correct. An argument can be made.
The fix is to amend the documents to better define what is to be done.

Here are some definitions:

perimeter fence from Collins dictionary

perimeter from Longmans Dictionary

DouglasM6 (Arizona)
Posts: 724

Posted:

You need a new lawyer. Perimeter means all the way around. A partial fence on a certain property line can be called a boundary fence, property fence, etc. But the term perimeter means all the way around.

GenoS (Florida)
Posts: 4,276

Posted:

I don't know... I would classify a fence on the perimeter as a "perimeter fence" whether or not it went all the way around said perimeter. Not a lawyer, etc.

FredS7 (Arizona)
Posts: 927

Posted:

OP hasn't said precisely what the wording is.

If "perimeter fence" is not carefully defined then I believe you have enough ambiguity to cause trouble.

After all- does it mean including a perimeter fence in the front? Between the back yard and the house (that is, fully around the perimeter of the backyard?)

In this case the board should carefully define perimeter fence for the future and cut the guy without a back fence some slack.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By GenoS on 06/01/2017 3:21 PM
I don't know... I would classify a fence on the perimeter as a "perimeter fence" whether or not it went all the way around said perimeter. Not a lawyer, etc.

By definition, the perimeter goes all the way around. Think about "setting up a secure perimeter". If it's not all the way around, it's not a perimeter. A section of fence built on the perimeter line is just a section of fence.

"Check the perimeter". Do you only check one side? LOL.

You're making this harder than it needs to be; which is what lawyers do.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By FredS7 on 06/01/2017 4:34 PM
OP hasn't said precisely what the wording is.

If "perimeter fence" is not carefully defined then I believe you have enough ambiguity to cause trouble.

After all- does it mean including a perimeter fence in the front? Between the back yard and the house (that is, fully around the perimeter of the backyard?)

In this case the board should carefully define perimeter fence for the future and cut the guy without a back fence some slack.

My guess is the fencing goes nearly all the way around the neighborhood; all except this one guy's property. So, the entire "gated" or "fenced" community aspect is incomplete. If I'm correct, and all the other property owners have paid to have their portion of the "perimeter fence" built, then this guy needs to pay for his.

But, I'm making a lot of speculations and I'm assuming it's a the perimeter of the community/neighborhood that we're talking about.

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By PitA on 05/25/2017 1:40 PM

pe·rim·e·ter.

[pəˈrimidər]

NOUN

1.the continuous line forming the boundary of a closed geometric figure:

"the perimeter of a rectangle"

synonyms: circumference · outside · outer edge

•the outermost parts or boundary of an area or object:

"the perimeter of the garden" ·
[more]

synonyms: boundary · border · limits · bounds · confines · edge · margin ·
[more]

•a defended boundary of a military position or base.

2.an instrument for measuring the extent and characteristics of a person's field of vision.

It really is this simple. The OP needs a new lawyer.

RR3 (Texas)
Posts: 40

Posted:

I agree, it is this simple.

RR3 (Texas)
Posts: 40

Posted:

This homeowner has two fences on either side of him. He has linked to both these fences and kept the back exposed. Our CCR's say that he must enclose his perimeter fence. He should enclose the back of his fence.

DouglasM6 (Arizona)
Posts: 724

Posted:

So, right now you have a partial perimeter fence. When he does his part, it'll be a perimeter fence.

PitA
Posts: 1,416

Posted:

Quote:

Posted By DouglasM6 on 06/06/2017 12:25 PM
So, right now you have a partial perimeter fence. When he does his part, it'll be a perimeter fence.

NOPE

You have a partial fence LOCATED upon the perimeter.

"When he does his part, it'll be a perimeter fence." CORRECT

DouglasM6 (Arizona)
Posts: 724

Posted:

patatoe, patahtoe....LOL.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DouglasM6 on 06/01/2017 12:38 PM
You need a new lawyer. Perimeter means all the way around. A partial fence on a certain property line can be called a boundary fence, property fence, etc. But the term perimeter means all the way around.

YEP ... LOL ... Perimeter = Fully Enclosed (such as the backyard) and a good lawyer should know that

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