What is proper placement of fence and right to enter neighbor's property to maintain?

[itserich]

I live in Des Moines and am putting up a fence. There are two side neighbors, with the rear yard adjacent to an alley.

One side neighbor has a fence, about 10 inches inside their property line.

I have spoken with the neighbor with a fence, and they are allowing me to set two posts on their property to complete my fence. I hope to get it in writing.

My question is the best placement of the fence for the other side and the alley.

The installer wants to put the fence on the property line. That neighbor and I have had arguments, and I am concerned about access to the other side of the fence for future maintenance. I would like to be able to stain and repair it.

Also, with the alley, the installer wants to put it right next to the alley, touching the road. A couple houses down,the fence is a couple inches set back from the alley. I don't want to put in a fence and have to take it down.

I have checked city code, which seems to mention only height and appearance. I can not figure out if I will have a legal right to enter the neighbor's yard to make repairs, or if there is a setback rule for alleys.

Also, with the alley, I think the property line ends a couple inches prior to the alley, which may be why the other neighbor has set their fence back a bit.

Another concern with putting a fence directly on the property line, my understanding is Iowa has a "partition" fence code which could allow the neighbor to claim partial ownership if the fence is on the property line.

Thanks for any advice on 1) placement and 2) right to make repairs if access to neighbor's property is required.

 

[itserich]

right to access neighbor's property to repair fence

I checked with the city, and am fairly certain there is no setback requirement. So, the fence is going right up to, but not on or over, the property line.

So, my remaining question is the right to maintain and repair the fence.

The city does require the fence be maintained. Hopefully the neighbor will want the fence maintained, but is there any legal right to access the neighbor's yard to maintain the fence?

It seems a common question, but not addressed by law everywhere.