No, because they do not support an occupiable element, such as the floor or level of a building. Fences are generally governed by local zoning codes for commercial applications and by homeowners associations for single-family homes. When a fence isn't considered a structure, it's generally regulated as an invasion or projection toward patio spaces. When a structure is considered, it is usually regulated as an accessory structure. Lawsuits related to scrap fences for years were not prosecutable as private nuisance cases in many courts because of a property owner's long-recognized right to build a fence to separate their land from adjoining plots (for example, when a fence is treated as an invasion, provisions about the fence usually appear in the supplementary regulations section, which also covers details such as visual distance, exceptions to height regulations, and other types of projections and invasions).
Courts have disagreed with zoning provisions where language revealed that the goal was to control fences in spite of everything. Many other fences would be excellent as windbreaks; wind speed cannot recover at distances of up to 30 meters downwind of some fences. As long as the required front, side, and back yards are provided, many ordinances allow for the construction of a wall or fence with almost no restrictions, except that the height does not exceed the limit of the main building. The appellate court held that the fact that a zoning ordinance prohibited fences in the front yard was so unreasonable in relation to the two-and-a-half-foot fence in question that it was unenforceable.
Previously, when a renegade fence builder appeared in court, the courts believed that they could not recognize that psychological harm when evaluating the damages or issuing a court order. The extension of party walls or the installation of walls, trellises or wooden fences are essential for the best exploitation of these spaces. Some ordinances contain strict controls on the height and opacity of fences and similar obstructions. These laws generally specify the reasons for identifying an anti-personnel fence and recognize that fence as a reason for taking action through a private nuisance lawsuit.
For example, the Sarasota (Florida) ordinance (195) states that an ornamental fence can measure more than six feet when the entire structure that exceeds six feet in height has a ratio of solid portion to open portion that does not exceed one to four. Because much of the interest of citizens in avoiding the construction of fences in zoning ordinances stems from the interest of citizens in avoiding the construction of unsightly fences, these provisions and the way in which they are addressed are discussed in the zoning ordinances. Fences around public property Under some ordinances, fences and walls surrounding public property, particularly schools and playgrounds, are exempt from fencing provisions or receive special treatment. Some studies on fence design point to surprising conclusions about the effects of various types of fences on wind currents.
The question that arises at this point is whether a fence located within the construction line can be harmful to the owners of neighboring properties...
