Adam Slagle • Aug 08, 2024
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Facts and Statistics about Overland Park, Kansas
Understanding Driveway Easement in Overland Park
Location: Overland Park is a major city in Johnson County, part of the Kansas City metropolitan area.
Population: Approximately 200,000 residents.
Known for: Overland Park is known for its high quality of life, excellent schools, and extensive parks and recreation facilities.
Fence Rules and Regulations for Property Line
Understanding Easements and Property Lines
Understanding easements and property lines is crucial for property owners who plan to build a fence on their property. An easement is a legal right that allows an individual or organization to use someone else’s property for a specific purpose. For instance, a utility company might have an easement to run power lines across your land. Property lines, on the other hand, mark the boundary between two adjacent properties. Knowing where your property lines are is essential to avoid encroaching on your neighbor’s land and to ensure your fence is legally placed. Before starting any fence construction, property owners should verify their property lines and check for any existing easements that might affect the placement of their fence.
Types of Easements Impacting Fence Building
There are several types of easements that can impact fence building, and it’s important to be aware of them:
Utility Easements: These easements allow utility companies to access and maintain their lines, which can be located above or below ground. Building a fence on a utility easement without permission can lead to complications if the utility company needs to gain access for repairs or maintenance.
Driveway Easements: These easements grant access rights over a portion of land for vehicle passage. If your property includes a driveway easement, you must ensure that your fence does not obstruct this access.
Conservation Easements: These easements are designed to protect natural resources by restricting development and preserving the environment. Building a fence within a conservation easement may be prohibited or require special permissions.
Sidewalk Easements: These easements allow the public to walk in front of a property, as long as they stay on the sidewalk. Fences should not encroach on these easements to ensure public access is maintained.
Understanding these different types of easements can help property owners plan their fence construction more effectively and avoid potential legal issues.
Fence Construction Requirements
When building a fence on a property with an easement, there are several requirements to consider:
Permission: Property owners may need to obtain permission from the easement holder before building a fence. This is crucial to ensure that the fence does not interfere with the easement’s intended use.
Location: The fence must be located in a way that does not obstruct the easement. For example, a fence on a utility easement should not block access to utility lines.
Height and Material: The height and material of the fence may be restricted by the easement agreement. Some easements may have specific requirements to ensure that the fence does not impede the easement’s function.
Maintenance: Property owners may be responsible for maintaining the fence and ensuring that it does not interfere with the easement. Regular maintenance is essential to prevent any issues that could arise from a poorly maintained fence.
By adhering to these requirements, property owners can ensure that their fence is compliant with easement agreements and does not cause any legal or practical issues.
Homeowners Association (HOA) Rules and Regulations
Homeowners associations (HOAs) may have rules and regulations regarding fence placement and type. Property owners should check with their HOA before building a fence to ensure compliance with these rules. Some HOAs may require property owners to obtain approval before building a fence, while others may have specific requirements for fence height, material, and location. For instance, an HOA might mandate that all fences in the community be of a certain height or made from specific materials to maintain a uniform appearance. By consulting with their HOA, property owners can avoid potential fines and ensure that their fence meets all community standards.
What You Need to Know About Utility Easements
The City of Overland Park has established specific guidelines for fence construction and maintenance to ensure the community remains attractive and well-maintained. Here are the key points:
Permit Requirements:
A fence permit is required when constructing a new fence or extending an existing one.
A permit is also required if you are reconstructing more than half of the total linear length of your fence.
To obtain a permit, you must submit a plot plan showing the location of the proposed fence.
Height Restrictions:
Fences can be constructed up to a maximum height of 8 feet.
Placement Regulations:
Front Yard: Fences are generally not allowed in the front yard, except for decorative entry fences. Specifics should be confirmed with the city’s Planner-of-the-Day.
Rear and Side Yards: Fences can be placed up to the property line in the rear and side yards, unless the yard abuts a collector or local street. In such cases, the fence must be set back at least 15 feet from the property line.
Platted Landscape Easements: Fences are not allowed in platted landscape easements unless approved by the Planning Commission as part of a landscape or screening plan. These easements are commonly found near major streets in newer subdivisions, particularly south of 103rd Street.
Thoroughfare Adjacent Fences: Fences next to a thoroughfare are generally required to have at least one gate opening per lot to allow access for maintenance and mowing.
It is important to maintain the fence line to comply with easement regulations, ensuring that the fence does not obstruct necessary functions like water drainage or utility access.
Construction Standards:
Fences must be constructed with the finished side facing outward from the property. This means the posts and support beams should be on the inside or integrated into the fence’s design.
Maintenance Requirements:
Fences must be kept in good, sound condition, free from damage, breaks, or missing components.
Areas of the fence that are leaning, buckling, sagging, or deteriorating must be repaired or replaced with compatible materials.
The base of the fence must be kept free of debris and neatly trimmed.
If a fence has been previously painted and more than 20% of the paint is chipping, peeling, or missing, the fence must be repainted or stripped of all paint.
Additional Information:
For more detailed information on new or extended fence requirements, residents are encouraged to contact the Planner-of-the-Day at 913/895-6217.
For information on fence permits, the Plans Examiner-of-the-Day can be contacted at 913/895-6225.
Maintenance violations can be reported to Community Services at 913/895-6270.
These regulations are designed to maintain the visual appeal and safety of residential areas in Overland Park while ensuring that fences are constructed and maintained to a high standard.
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Homeowners in Southern Overland Park, Kansas, know that having a sturdy, beautiful fence is essential. From enhancing your property’s curb appeal to ensuring your yard remains private and secure, Slagle Fence is the go-to choice for professional fence installation. We’ve been serving the Overland Park community for years and are proud to be considered the best fence installation company in these neighborhoods.
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Central Overland Park, Kansas, is known for its well-established neighborhoods, where homeowners take pride in maintaining beautiful properties. A quality fence plays a significant role in that, offering privacy, security, and aesthetic value. Slagle Fence has become the trusted fence installation company in central Overland Park subdivisions, providing residents with top-quality materials and expert craftsmanship for years.
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