Consideration of Permitting Fence Encroachments across Private Property Lines

As discussed during the Public Works Committee meeting on May 21st, City policy currently requires landowner's to install fences a foot or more inside their property line in areas where a potential infrastructure conflict exists. An example of this situation exists within the Ramsey Town Center 10th Addition where fence lines are staggered along rear property lines to avoid damaging an existing underground storm sewer system. While this policy was developed to protect City infrastructure, it has had the unintended consequence of creating remnant strips of land two or more feet in width between rear fence lines in which property owners are not able to easily maintain their properties resulting in blight and nuisance issues. Attached are photos depicting this. In an effort to avoid this problem, some property owners have asked if they can extend their side lot line fencing across their rear property line to connect to their neighbor’s fence, thereby allowing them to share a common rear fence line with their neighbor to eliminate the remnant strips of property between fences.

No notifications are required for this case.

Extending fences across private property lines for the purpose of connecting to a neighbor’s fence is a civil matter and the city should neither deny nor promote such actions. Any property owner seeking to connect to a neighbor’s fence should first request permission from their neighbor, but even if permission is obtained verbally City staff would recommend that a written agreement be executed between the neighbors. Upon direction by the Public Works Committee, staff could work with the City Attorney to draft an agreement template for use by the public for such purposes.

Regarding adverse possession concerns, City staff would recommend adding language to our (building) fence permit to notify the applicant of potential ramifications between private property owners as related to adverse possession law. Minnesota Statute 508.03 is attached for reference.

The only city funds that will be expended as a result of this case will be for the City Attorney to review the draft permit language discussed below. Any language that is to be added to the (building) fence permit can easily be added by City staff.

Staff supports a policy change allowing neighbors to extend fences across private property lines to connect to neighbor’s fences, contingent on language being added to the (building) fence permit to ensure that:
1. City infrastructure will be protected during fence construction activities;
2. Access to City infrastructure will be maintained on an on-going basis;
3. Property owners will not lose property rights as related to adverse possession laws; and,
4. Property owners are reminded to obtain permission from neighbors via a written agreement.

Below is the respective draft language that staff recommends adding to the (Building) fence permit for each of the four (4) contingencies outlined above.
1. “The property owner to whom this permit is issued must contact Gopher State One Call (on-line or by calling 811) at least two business days before constructing their fence. All fence posts and other below-ground hardware must be hand-dug when digging within 2-feet either side of a marked underground utility.”
2. “Continual access must be provided to all utilities throughout existing public drainage and utility (D&U) easements. Property owners on whose land the D&U easement exists will be responsible for all costs required to remove and replace the fencing as needed to provide access.”
3. “By law, adverse possession may be claimed by property owners that maintain another person’s property for a specified number of years. The permitted property owner must disclose this fact to any other private property owner whose land the fence will be installed on as a result of this permit. Any disagreement relating to the construction of the permitted fence on other private property must be settled as a civil matter. The City shall not be held liable for any resulting costs or legal ramifications resulting from the installation of the permitted fence.”
4. “The City recommends that the owners of all real property on which the permitted fence will be constructed should enter into a written agreement clearly defining the rights and responsibilities of all parties prior to constructing the fence.”

Motion to recommend a change in City policy allowing fences to be extended across property lines, contingent on the draft (building) fence permit language above being reviewed and approved by the City attorney and subsequently added to all (building) fence permits issued in the future.