Fences and neighbours

I bought a new house in 2011. It was a fresh, new start for me and my family to start from scratch and turn it into the home we always wanted.

When it came to a fence, we knew what we didn't want: The pressure treated lumber fence that boxes in small city lots everywhere. It effectively turns a backyard into a self-imposed prison, where enjoying the backyard feels more like being boxed in yet another room. The backyard retreat that I wanted to escape to after a hard day's work became yet another institutional area where I got to cut grass, pull weeds, and stare blankly at the repetition of pressure treated lumber all around me. All of the work with none of the benefits. This isn't how humans are supposed to live. What made matters worse was when our previous neighbours decided to use the fence as a support for a huge privacy lattice (because the fence only created the illusion of privacy), which caught the wind like a giant sail and subsequently pushed a support post over, breaking the fence. As if that wasn't enough, they expected us to pay for half of the repairs for something that was clearly 100% their fault! I had enough. We sold and moved.

I knew what I really wanted: A cedar hedge. A cedar hedge creates the illusion of being out in nature, and delivers on privacy. They're more effective at blocking out sound, and provide a home for birds. When I was a little boy, the house we lived in was separated by a beautiful cedar hedge that grew very tall. I couldn't tell if we even had neighbours from our back yard, and when we went to visit them in their backyards, each of them felt as though they had their own little homes out in the country. That's the sanctuary I want after a hard day of work.

I spoke to the neighbour behind me, and to the neighbour to the west. Both agreed that cedars would be a beautiful way to delineate the properties. The neighbour to the east had reservations, and decided it was too early for them to decide on anything at that time. I did some research into the city by-laws regarding fences, and discovered by-law 77-97. According to this by-law, a property owner may construct and maintain a division fence, and have the adjoining owner "pay fifty percent (50%) of the basic cost or fifty percent (50%) of the actual cost, whichever is the lesser." This by-law goes so far as to define "Basic cost" as the cost of constructing, reconstructing, maintaining, or repairing a four foot high steel chain link fence. This restored my faith in the city to discover that the ugly, institutional pressure treated board fences are not recognized. I like chain link. I can live with chain link. Cedars grow up nicely through chain link. My wife and I agreed that we would either go half on a cedar hedge, or go half on a chain link.

On May 26, 2013, we were celebrating my son's birthday. There was a knock at the door, and it was my neighbours to the east. He told me that he decided he was going for a pressure treated lumber fence. He advised me that the contractor was pressuring him, and he wanted to know if I wanted to get my fence done as well. I reiterated what I had told him all along; that I felt such fences were detestable, and that I would be willing to split on a four foot high chain link or cedar hedge. He explained to me his plans to have a hot tub and wanting privacy. I told him he could do whatever he wanted on his property. Then he asked me if I'd share in the cost of the fence; I advised him that I would pay for, at best, 50% of a chain link fence built on the property line.

Two days later, the contractors came to set the posts in the post holes. My son, who was sick on Friday, stayed at home and told me about excessive noise banging on the side of the house. I looked outside and saw the ugly wall of pressure treated lumber down the east side of my property. I assumed he heard the banging that's normally heard when one is building a fence. We were not happy with it, but we reasoned that we could plant something along the fence that would eventually grow to hide it, and still have our cedars on the other two sides. My wife and I agreed that we would comply with the by-law requirements; we would get an estimate for 34 feet of chain link fence as per the minimum requirement outlined in the city by-law, and would write a cheque to our neighbour for that amount.

Imagine my surprise and dismay when I ventured to the side of my house on Sunday morning to discover a pressure treated board nailed to the beautiful brickwork of my home. I was shocked. I had no agreement with this contractor; I had not even spoke to the contractor, nor had my wife or son. I made it clear to my neighbour that I wanted nothing to do with such a fence. Why is this on my house? What makes a contractor think he has the right to do this to the house of someone whom he has no agreement with?

I'm guessing this is no mistake. I believe this is a high pressure tactic by this contractor to coerce me into paying for a fence that I do not want. I don't know this for certain; I haven't spoken with my neighbour nor the contractor about this. We're not sure how to proceed at this time, but I decided to start by writing this blog post to document both my original intentions and what has transpired for the public record.

These are my thoughts at the moment: While I fully intend on complying with the requirements of by-law 77-97, there is the issue of damage caused to the brick work at the side of my house. How much will that cost to restore to its original condition? My days are busy enough, I really didn't need this to add to an already full agenda. I will keep things posted her as I proceed with this mess.

UPDATE: I spoke to my neighbour, the contractor is "Playin in the dirt." They had their sign out on the lawn of a house up the street. Following is the e-mail I sent them:

I am the property owner of (my address) in Oshawa, Ontario. According to witnesses, you or one of your employees is responsible for affixing a pressure treated board on the east side of my house using screws that penetrate into the brick work. As you may not be aware, we have no prior agreement. Therefore, I formally request you cease and desist further activity on my property and explain how you plan to restore my brickwork to its original condition.