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‘DON’T FENCE ME IN’: S. Whitley residents lean on council for property-line disputes

July 12, 2013

SOUTH WHITLEY — Easements and right-of-ways were up for discussion at Tuesday’s town council meeting in South Whitley.

Bruce Gable, of South Whitley, paraded in a host of concerned citizens ready to debate the fence located at 704 Cherry Ln., South Whitley.

“There’s a privacy fence the homeowner put up,” Gable said. “I remember when I bought my property, I was told there couldn’t be any fences.”

According to Gable’s research at the Whitley County Recorder’s Office, the subdivision restrictions were written in 1964, but not filed until 1966. When Gable compared his copy of the restrictions to the ones filed, item number 11 had been omitted, which spoke of fences.

“The problem is that the fence is on an easement,” Gable said. “The easement is a utility easement used to access a pole. What happens if someone else builds a fence and all of a sudden, you can’t get back to the pole?”

For building the fence, the homeowner did obtain the proper permits, according to Gable. His discussion with county officials left him wondering what could be done to clarify the restrictions.

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