The saga of our fence continues. I've finally decided that it's time to tell you about it.
After we bought the house, and before we moved in, our house was burgled 3 times in 3 years. This is mainly because the house is at the end of the row, so is more accessible. Despite our 6ft wall around the back of the development, people hop over the fence and use our road as a shortcut to get to Langa station, because the only entrances and exits to Pinelands are on Forest Drive, which is miles away. One of their favourite spots for hopping the wall is right next to our back fence. (You have to give them credit for ingenuity though - they use an earthing wire to pull themselves up and over - a bit like spiderman...)
Understandably then, I was very nervous about moving into the house. In order to increase our security we put up a palisade fence around the front of the house. What we didn't do though, was follow the plans. (Lesson #1: Read the plans/ instruction manual FIRST. Seriously. It may save you heartache and money. Don't be so bloody male about everything and dive in head first.)
We put the fence up right on the kerb. (Let's be clear about this - G had NOTHING to do with this decision. I accept full responsibility for the fence's position.) Our street boundary is about 4.5m or 5m from the kerb, at the edge of our garage. Given how easy it is to break through our garage door (which would give easy access to the house), I didn't want to make it easy for that to happen. I wanted to be able to work in the garage, with the garage door open, but still be safe and secure. I also wanted to be able to park both cars behind a security fence. Neither of those things are possible if you put the fence on the boundary. (And with a baby in the house, security is really important to me... and of course, there's the fact that I'm a woman, and my maid is a woman, and rape really isn't a pleasant experience for women.)
In addition, I don't want people walking across my driveway to go around the corner and hop over the development wall. We already have a problem with vagrants sleeping against our garage wall and leaving their faeces and rubbish behind (my dogs love it, but me? not so much). I didn't want them to be able to use my driveway as well (here lies MY boundary).
Someone complained about our fence. I'm fairly sure I know who it is (I know who you are and I know where you live!), because in the first few months of us being here (starting during our renovation works before we actually moved in) we had several complaints. If I'm right, this person just likes to complain about everything and is a general neighbourhood nuisance. (Shame on you!) (Lesson #2: Neighbours in a small neighbourhood know EVERYTHING. "We, Toys, see EVERYTHING.")
However, the complaint did make a valid point that I didn't consider when we erected the fence: being on the kerb means drivers have to slow down as they go around the blind corner. (Of course, drivers should be slowing down anyway, but some don't.) If two cars were to pass each other in front of our house (which is RIGHT on the corner), and one was to veer past the mid-line (as happens when you don't slow down around a blind corner), then the other car would bash its side view mirror on our fence if it tried to veer out of the way. (Lesson #3: Don't be so bloodyminded all the time, Woman - ask others for advice before making major decisions, because maybe they know or can see a side to something you can't or haven't.)
In retrospect, I should have put the fence 50cm from the kerb to avoid that problem. (Lesson #4: I can actually admit when I've made a mistake. Even if it takes me several months to get there. Eventually, I'll admit it.) If I had, then whoever complained probably never would have. Maybe. Anyway!
As a result of the complaint, we received a visit from the council, who immediately sent us a demand letter giving us 10 days to move our fence. The threat was that if we didn't, they would, and they'd bill us for it. I duly wrote to them to explain why the fence was where it is. I explained that I would be happy to move the fence back by 50cm or so, but I was not happy to move it back to the boundary, for the reasons I've outlined above. I also said that I didn't have the money to move the fence at the moment, and that if they did it and billed us, we would not be able to pay them either.
The council replied to say, in effect, "tough". (Lesson #5: The council doesn't care. Ever.)
We then looked at leasing a portion of the verge, but it will cost us R5000 to apply, several months to process, and there is no guarantee our application will be successful. (The monthly fee is quite small, so it would be feasible from that perspective.) R5000 is a lot of money to just throw away like that if the application is unsuccessful. Plus, in the meantime, we would still have to move the fence back to our boundary and then move it forwards again if our application was successful. (Talk about a las... I really should just have put the fence 50cm from the kerb.) (Lesson #6: see Lesson #1)
Off I went then, to double check with the council that the street boundary was where it appears on the plan, because 5m is a LOT further from the kerb than is normal (2.5m - 3m is usual). That investigation was delayed while the council tried to find their copies of our plans (our copies went missing during the kitchen renovation). After several days, the plans arrived. I scrutinised them and discovered that (shock! horror!) either everyone else also has their fences in illegal positions, or the plans are wrong. (Lesson #7: Even bad stuff can have a positive spin off...)
So today I went back to the council, with my dearest dad in tow (as he's a surveyor by trade) to help me. (Let me play the dumb blonde!) (Lesson #8: Parents never stop being needed. Children are a responsibility for LIFE. Like a life sentence, but longer, more complicated and more expensive.) What we discovered is that Field Close is, almost certainly, a private road (!!!!!!!!!!!!!!!!!!! WTF?!?!) (Lesson #9: Expect the unexpected), but that the legalities of setting up the Home Owners' Association were never followed through on. While the legal bungle is fine by me (HOAs are always a pain), what that means is that - if we're right and the road is a private one - we don't have to move the fence!!! (Lesson #10: Council screw up a lot. If you catch them at it, you can save your ass.)
Hooray!!
Of course, if our street IS private, then that means we own the council money anyway, for back taxes for rates on the verges which we (and they!) didn't know we owned. And that could work out to be quite a hefty sum. Boo! (Lesson # 11: Council always get their pound of flesh, one way or the other.)
If our street is private, then I think we'll go ahead and move the fence back 50cm anyway, to appease our neighbours. I can live with 50cm - it means we can still park a 2nd car behind the gate and it means I can work in the garage with the door open and not feel at risk, but it still keeps the vagrants and their mess off my driveway. And if it keeps Old Complainer off our backs, then that's not a bad thing either.
So now the ball is in the council's court again. It'll be interesting to see how they respond. Of course, it may be that our street isn't private after all (in which case, the council plans of our suburb are wrong!). But until the matter is resolved, the fence stays where it is. (Lesson #12: Perseverance wins the day.)
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