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What is the real meaning of grandfathered? |
Prior to 2004, a fence could only be built if it were 30 feet in from the property line in our area. Several fences were built on the property line during this time without permission. In 2004, the code was changed to allow a fence to be placed 12 feet in from the property line. Considering the fact that the fences were against code when they were built and they are still against the current code, are the fences considered "grandfathered" simply because the code was changed? The fences would not be protected under a grandfather clause. That only applies if they were legal at the time. Fences are allowed on property lines. Other restrictions may apply, but you can always put a fence around your property. So, the fence doesn't need to be grandfathered in. If they fail to pass code may or may not be the deciding factor in this case. Code, as you explained, is a matter of proximity. The local courts will need to make this call, and grandfather law could be overturned, if the court deems it so ! Not at all sure as to ur comments above: |
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