Tulsa Fence Laws

[markcc13]

I'm curious what the fence laws are in Tulsa due to a current issue I have with a housing developer. 

I live in a neighborhood in midtown where many older homes are being torn down by developers to put up mcmansions.  The house behind me was recently torn down by a developer who has been active in my community.  Our properties share a common boundary fence that was built by a previous owner of my house since it matches my other property fences.  To my surprise I came home today to find that my fence adjacent to the property has been torn down by the workers and destroyed.  This was done without either my consent or prior notification. 

I asked the workers at site for someone I could contact regarding the matter.  Later tonight the developer came by my house.  We had a conversation for several minutes about the matter which didn't reach any resolution.  I told him I felt he has destroyed my property without my consent or notification.  His position was that he had the land surveyed by a professional and the fence was technically on his property so that he could do what he wanted with it.  He then promised to build a new fence for his new owner that would also be an 8 foot privacy fence like the one he destroyed.  Granted this fence will not match my existing fences. 

Does anyone know the legal issues here?  Would a boundary fence be considered communal property even if it were a few inches on the side of a neighbor?  Did I have a right to receive notification before my fence was destroyed?  Would I have a right to have an opportunity to have my own land survey done by a professional of my choosing?  Can I put a lien on the property preventing a future sale until we reach a mutually agreed resolution on the matter?

Any help would be appreciated?

[markcc13]

If anyone knows any resources I can reach out to for help it would be appreciated?

[patric]

Would a boundary fence be considered communal property even if it were a few inches on the side of a neighbor?  Did I have a right to receive notification before my fence was destroyed?  Would I have a right to have an opportunity to have my own land survey done by a professional of my choosing?  Can I put a lien on the property preventing a future sale until we reach a mutually agreed resolution on the matter?

Its my understanding that communal fences are the property of each abutting landowner, but you should independently verify what your rights are with either   INCOG at (918) 584-7526 or Neighborhood Investigations  (918) 596-2100.

[swake]

You need to check the survey of the yard. My fence is about a foot inside my property line so I own it. See if he is correct that it was on his property.

[Weatherdemon]

You need to check the survey of the yard. My fence is about a foot inside my property line so I own it. See if he is correct that it was on his property.

My understanding is that you build the fence on your property to prevent issues such as this.

It is not communal property but belongs to the person on whose property for which it resides.

[Breadburner]

Either way it was a dick move and not very neighborly.....Did they put a temp one up....Check to see if you had pets or anything....

[TulsaGoldenHurriCAN]

I'm curious what the fence laws are in Tulsa due to a current issue I have with a housing developer. 

I live in a neighborhood in midtown where many older homes are being torn down by developers to put up mcmansions. 

I think I know which neighborhood you're talking about. It's a shame how mod podged it looks. On the other hand the houses are really nice and increase the property values, but weird seeing older classic homes and then huge suburbia/south-Tulsa-esque mcmansions with absolutely no cohesiveness.

It makes me appreciate how neighborhoods like Maple Ridge and Florence Park have kept it together for the most part.

[AquaMan]

This happened to one of my neighbors. She came home to find her fence removed and a block wall being put up. The operative word was "her" fence. She had always considered it hers. She maintained it, trimmed weeds from it and repaired it. No one knew who had built it or under what arrangement but the builder had done a "survey". Big deal. It was his survey paid for by him and 100 year old property lines are not really very reliable. Encroachments are common in these old hoods. She asserted it was her property and was willing to defend against a builder with a giant ego and very little social skills. She won. He narrowed the property and built a new fence.

Anyway, if you really feel like it was more than just discourteous of the builder, you should contact an atty like my neighbor did. I don't know much about "communal" but  "adverse possession" is real and infill builders don't like lawsuits any more than anyone else.

Building a fence inside your property line to avoid problems actually creates problems. You are responsible for maintaining that 1 foot outside your fence or you may lose it. Intelligent people talk to their neighbors and make written agreements to avoid such problems.

[markcc13]

Either way it was a dick move and not very neighborly.....Did they put a temp one up....Check to see if you had pets or anything....

Nothing temporary was put up and I have a dog who is very friendly so I fear he could run up to workers on site and possibly be injured. 

[markcc13]

Thanks for everyone's input.  To clarify some things the fence has been there for a long time. I am a new owner to the property.  I would have thought the historical use of the property could carry some weight, especially if the fence is on the property line.

[carltonplace]

Thanks for everyone's input.  To clarify some things the fence has been there for a long time. I am a new owner to the property.  I would have thought the historical use of the property could carry some weight, especially if the fence is on the property line.

It's pretty clear that the word "historic" does not carry much weight with this developer.

[sgrizzle]

Like mentioned above, it's all in where the fence is actually located at. An inch over their line, they can paint pink unicorns on it.

Rental house next to me just got a tenant with a bunch of dogs and they are destroying the fence between us. The only way to be happy with fencing is to build your own.