The Great Fence Controversy

The Great Fence Controversy began this year when we decided to add a layer of protection to our property to prevent neighborhood children from entering our backyard where we had built a pool during the summer of 2009.  At first, we had thought that no fence was necessary as their was already a huge "attractive nuisance" just feet away (Lake Conroe).  And yet, it did seem like the prudent thing to do.

We were very concerned about making sure the fence was attractive, functional and that it did not block the view of our neighbors.  After all, we had removed pampas grass and trimmed our trees much higher so that our neighbor to the east would have an open view to the water that was previously obstructed when we bought the property in June 2009. 

We chose to install 4' wrought iron everywhere that the view could be negatively affected. 

Along the west side of our property we chose to install 6' cedar fencing with a 6" rot board.  The reason we chose cedar was two fold.  First, because our neighbor on that side already had a pampas grass vegetative fence and we wanted protection from the snakes that we have seen going into it. 

Secondly, his garage was along the property line, all the way back and to our side as far as allowed.  He used this area for storeage which was unsightly. 

The cedar fence runs along his garage then along the pampas grass.

We never considered the potential for the fence to block any significant part of his view.  Nor do we believe that it does.

We spoke with our neighbor on 3 occassions prior to the fence being installed and he raised no objection until it was up.

According to my reading as well as that of the two attorneys with whom I have consulted, the Deed Restrictions do not prohibit waterfront lots from having fencing in their back yards.  They do prohibit us from enclosing our back yards with fencing.  Our back yard is not enclosed.  It has 235 feet of unprotected bulkhead and stairs leading into the water. 

I submitted my plans and received approval from the Architectural Control Committee prior to construction.  The Board met upon receiving a complaint from Mr. Gregoire's attorney. After that meeting to discuss the issue, they ratified the ACC approval.

We would be the first to object to someone installing fencing along their bulkhead.  And while it is not specifically prohibited by the Deed Restrictions, we trust that the Architectural Control Committee would never approve that.