Both gates do not have to be in the same place. One can be much closer to the curb, depending on city setbacks. The other can be past your house and anchored in your back yard, not to your house. Chain link is about as skinny as you can get.

If you don’t know your property lines you should get that marked out. You may have more space than you realize.

@apple_pie_order that’s an interesting thought. Still the fence line dividing our yards would still limit the clearance on my side wouldn’t it?

I would install a black aluminum fence. Since she want to keep her door behind the gate, the fence between the properties would have to come to where it is now.

Do you need a gate?

Backyard Fence - Black Aluminum 4' Tall Fence - Broadview Heights - Wiler Fence · More Info

What I would want to do is put one gate across both driveways, in front of the houses as your neighbor proposes, but completely remove the chain link fence running down the length of your driveways. The gate would be shared and opened outward, and if you occasionally ”trespassed” onto a bit of each other’s driveways driving in and out, so what?

@User the only problem is removing the chainlink fence between our properties means we would also be sharing our backyards.

@houssaon yeah we do need a gate because the driveway leads to our yards and we have young kids that need to be contained lol.

Let the kids move next door. ;)

If you told me you had dogs involved I’d be less worried, but just draw a line down the driveway and teach the kids how to respect the boundaries. They’ll make a game out of it.

Would it not benefit you both to move the fence/gate to the back corner of both homes so that both of you have better access? It looks like your neighbor can't pull a car through to the garage as is?

You can put a gate across the front of the houses, leave the fencing off the area between your homes, and put another gate at the end of your homes. That would give the neighbor a side door behind gates, give you both plenty of shared space to drive between the homes, and private fenced backyards. The two drawbacks are having to open two gates to get your cars to the back, and the neighbor would have to open a gate to get from their side door to their backyard. Or maybe the neighbor would agree to place the fence at the back of the house and leave the rest of the driveway clear if you offer to pay for both gates and the fencing between your properties in the back.

Because a future neighbor might not be friendly, I strongly recommend a survey be done and, if possible, you and your neighbor agree in advance to be present with the surveyor when it is done and share the cost equally -- IF you are prepared for the possibility of losing access to your garage.

Not a lawyer or pro but suggest you consider ...

Before bringing up the subject with your neighbor, first go to the county clerk's office and county tax assessor's office and get copies of any and all building permits and plats and deeds and tax records with a description of each property-- all that are on record. See what information you can glean from those documents.

If, for whatever reason, you don't want to go the surveyor route, consider reaching an agreement with your neighbor that you share the paved driveway, mutually agree not to block access to each other's garages and then each of you agree to only fence in only your unpaved back yard beside the paved driveway, Each of you would need a small person sized gate leading to your enclosed/fenced in back yard to the paved driveway.

As each of you fence in your individual unpaved back yards -- as you put a fence alongside the paved driveway between the back corner of your home and the front corner of your garage (and a fence or gate between the front corners of the garages) you will be fencing in your driveway as one driveway separate and apart from your yard -- it's not as if you can "build" on it anyway.

One very WIDE double gate centered between the FRONT corner of the two houses could block access from the road to the shared driveway between the houses -- from the road to the garages -- by outsiders.

Have the very wide gate installed so that each/both sides of it can swing either in or out -- forward or back -- for easier access ... so each of you can stop just beside the gate to open it whether coming in or out.

https://www.hooverfence.com/residential-chain-link-double-swing-gate?gclid=EAIaIQobChMI9Mqb_4Xr8QIVgo7ICh0fyA1dEAQYASABEgIRhPD_BwE 

Your neighbor's side door (and/or yours) could then open into a wide paved fenced area between the houses in front of the garages.

Get a survey before installing any fence. New technology means they can be very accurate. Then investigate and discuss your various options.

Note: It may be that when the fence was built, your neighbor "gained" the depth of her steps -- the fence might actually need to be centered between the houses not between the bottom step of your neighbor's steps and your house.

Your neighbor may need to build a small stoop and have her steps go forward or backward rather than toward your house.

Your neighbor has stairs protruding into the driveway and can still get a car to the garage. You have no stairs and can barely get your car through your side of the driveway. That sounds like more than a 6” error to me unless your neighbor drives a VW bug and you drive a 1968 Buick. Only a professional survey can prove that your neighbor’s garage was built beyond the property line.

I can look into the exact property lines. We may already have the documents because we remodeled our house a couple years ago. I honestly suspect the results will not be in our favor as I mentioned part of her garage juts past our shared fence line. It may be that we will end up losing even more clearance if we adhere to exact property lines. I know the house being place 6” too far left seems weird but I think it’s possible because the alley on the right side of our house is unusually wide. Plus there is a strange house numbering issue. My address ends in 5, hers ends in 1. Where is the house that ends in 3?

A survey and property attorney wil be worth the investment. What has been allowed inthe ‘past’ may not meet requirements of a titile search inthe event either of you decide to sell. If it has been this way a long time, property access rights may have been grandfathered in. Not getting a survey can lead to future headaches.

House numbers aren't necessarily plot numbers. Some towns assign a number based on the number of feet.

House numbers don’t mean anything we are 20+ different than our neighbour and right beside them

Why would you ladies lower the value of your property with CLF in the first place? I think you should just put one drive between the two houses and then everyone can get to the garages. Surely some kind of dual easement agreement can be reached that works with a shared drive! It might only need to cover the little strip where the current CLF resides. Then you can both put a nice matching wrought iron fence around your front yards with a large gate in the middle so both of you can have your cars secure behind fencing. Talk to your attorneys about the possibility. Both properties will be improved by the removal of fencing between the houses.

Maybe select a gate that diminishes some of the views in the back.

The chainlink fence came with the house. I definitely would not have opted for that. I wanted to remove it from the moment we moved in but our prior neighbor didn't want to change it.

Get over your jade of CLF! In this case it isn’t necessarily the best choice but in some cases it is. Also black looks far better than the silver one. The OP has also said they want yards separated and not one driveway.

Hate of. Darn mobile app

A bit confusing. How do you know the house is 6" too far left? From what, the building setback? So then you know where the prop line is? Get a staked survey, split the approx $500-$1200 cost. Maybe the fence is completely on her property and she should be paying for it. Maybe your house is set up for alley access for the driveway on the other side of house. In any case do not do a shared driveway and combined gate - just an invitation to issues and headaches.

Perhaps it is the neighbor's garage that is over the line ... perhaps because of the neighbor's steps..Either way, in my opinion, you probably need to know.

If you make any changes because you reach an agreement, put it in writing with each of you having a copy with original signatures (attorney advise is advisable).

If you do a survey and find your driveway narrows to much to use as a driveway, you might consider raising the height of your part of the driveway and creating your own sidewalk/stoop/ walkway with a railing with the walkway beside your home ending only a few feet behind your home at your backyard gate. Then you could remove all the paved driveway on your lot and increase the size of your yard on that side -- fence it and add a green privacy fence, too -- then recreate your driveway from that alley, even recreating the garage as needed.

Do let us know how this turns out.

@suezbell do you have a photo to illustrate your suggestion? I’m having a hard time imagining what you’re describing.

Be aware of the fact that one of you may sell and move and sharing a gate can be a huge deterrent to a new owner. You need to keep your properties separate after you get the survey and mark out who owns what. Then each of you can do what you like. If you both like the black iron look, all the better.

Since Windows 7 was replaced by Windows 10, I've not been able to copy/post pictures, only links -- just haven't learned how.

I still t think your best option is to either find out there is already a plat on file (in your name and/or your neighbor's name) that can determine your exact property line or have a survey done.

IMPORTANT: IF you're going to be doing any digging to replace a fence/fence post, you need to know where ALL your underground utilities are buried (and your neighbor's). They appear possibly to be near the center of the driveway near / at the fence line. A conversation with the utility companies about buried utility lines and why they were put there specifically might well inform you as to the actual property line. There appears to have been some cutting and adding back of concrete in the middle as if utilities were buried there. If you have any part of digging post holes there, you risk having responsibility for issues arising out of cutting utility access.

IF you decide that the part of your driveway beginning at the front corner of the house is or will be too narrow to be a driveway with your current vehicle (and if you have no plans to get a smaller vehicle anytime soon), then your parking options could include either ...

... park in the front -- park in that part of the paved driveway between house and road (without a shelter)

and/or

... create a new driveway/parking space/ access to the garage from that ally that has been mentioned.

IF you are no longer going to be able to use the part of your current driveway beside your house -- between the front corner of the house and the garage -- then why keep the concrete in place? Why not remove that concrete beside your house (from the front corner of your house to the garage) and enlarge your yard -- create side yard and a larger back yard -- and create a green privacy fence inside your own larger back yard. ... especially if you need to take part of your yard beside the ally for access to the garage or for parking.

IF it is now your neighbor's choice and suggestion to replace the fence, not yours and if it matters not to you, especially given the narrowness of your yard and difficulty using that driveway beside your house and the fact that you don't have a door accessing the side driveway, you might be better served investing your money elsewhere -- investing your money in access to your garage or another parking space/shelter via that alley previously mentioned rather than investing money in your neighbor's driveway and fence and neighbor's side yard accessible by steps.

IF you determine or if you decide to accept that the property line IS where the fence now is located, then consider not objecting to your neighbor changing the fence your neighbor now wants to change ... as long as it is at her own expense and on her side of the property line and invest your money on your own lot.

Not a lawyer but, as I understand it, in some jurisdictions if you use property for a specific number of (usually 7) years, you have a claim to the use of it and your neighbor may have known that and that may be why your neighbor didn't want the fence moved when you first moved in ... didn't want you knowing about the property line fence placement error until that time had lapsed.

Would personally rather have zero relationship with my neighbors than open conflict but I don't care to be a doormat taken advantage of either. So ... some food for thought:

IF, emphasis on IF you seriously consider having this suggested conversation, realize you may well risk the potential of creating hurt/hard feelings with your neighbor ... consider that and the value of your current relationship AS IT NOW IS before bringing up this subject.

If your neighbor again brings up replacing the fence, you might smile sweetly and very kindly/friendly remind your neighbor you wanted to do so when you first moved in but she refused and wonder aloud why ... ask why ... and wait for an answer.

Then you might might mention that your driveway is already very narrow (see if your neighbor cares or not) and indicate to your neighbor that you want to make sure it doesn't get decreased even a tiny bit farther, you might suggest your neighbor that your neighbor turn the side door steps steps toward the front or back of her house rather than aimed at your house AND, ever so sweetly. suggest that the driveway space between your homes be divided more evenly as the driveway fence is reinstalled ... just to see what the neighbor says.

You say you don’t know exactly where the property lines are and that a bit of her garage may be on your property and the fence isn’t running along the exact middle of the driveways and you want to share the cost of a new fence. 1. Never ever build a fence, even if you think you may lose some property, without having the property line marked so you and the fence installer can see it. (And always have underground utilities and cables marked before digging). If you and your neighbor can’t agree about the fence, the best and friendliest option may be to agree that only one of you builds and pays entirely for the fence and it goes entirely on that person’s property. 2. If the property survey markings show that a bit of her garage wall is actually on your property, she may owe you money for taking your land for her use and she would buy that piece of land from you so no more encroachment. 3. If the property survey markings shows she actually owns a wider driveway than you, you may be able to buy a slice of her driveway so you both have enough room for your cars. 4. I understand why you need a gate across the driveway to keep the kids in the back yard. And why you want to separate the back yards with a fence. I do not understand why you need a fence down the middle of the shared driveway from the gate to the road.

If her garage is totally on her property, then this photo makes it look like the fence (see yellow oval) is totally even with the garage wall and totally on her property. If that is the case, then you don’t need to pay for any of her new fence and you can add a gate across your driveway anywhere you want it.

If the fence is on her property, then you don’t share it, and you can build your fence to separate your driveway from your backyard (see yellow) and add a gate so you can park and go in the back door.

Before you do anything, get a survey. It should have been done when you bought the house, with markers in the concrete at the curb. If not, get that survey done so whatever you do is accurate. Then, I would allow the neighbor to build the fence as far forward as they want. You can put the gate as far back as you want. I would put it even with the back of the house. When open, you will have maximum allowance from the fence to the house. Have the gate open into the backyard, not into the driveway.

I spoke to the previous owner of our house and he said that a survey was done. The fence line is the property line which means that the neighbors garage is indeed jutting about 3” over into our yard. I suppose the best option is to build a new fence where it is right now and as long as it doesn’t encroach further into our driveway that should be fine.

Ask the former owner for a copy of the plat and/or get a copy from the courthouse. With that in hand, you could object now and ask that they move their garage off your land ... IF it is not already too late; however, depending upon where you live, if they've had the garage where it is for ?x? number of years, they may (or may not) have a right to the use of it. SO Alternately, consider suggesting a "trade" -- land for land -- 3' for 3'. Have them alter their steps to turn them so they aim either forward or back and move the fence between your houses over so that it is centered between the houses and the steps take space away from THEIR driveway ... not yours.

Not a lawyer... just suggestions for your consideration. You might want to see a lawyer to know where you stand before approaching your neighbor.

You will need a property survey in hand to show the fence installer where to put the fence - option 1: down the middle of the property line and you and neighbor will equally share the cost of fence and labor and the ownership when maintenance/repair is needed, or option 2: entirely on your neighbor’s property and she pays for fence and labor and owns it, or option 3: entirely on your property and you pay for fence and labor you own it.

Ask the surveyors what their accuracy is before hiring them. In areas like mine, accuracy better than a few inches is not straightforward. Using GPS signals can do much better in some areas for some purposes, but they aren't always tied to older measurements.

Also ask your previous owner when the neighbor's garage was built, and (if it was while he lived there) did he gave permission for it to be constructed or remain on his property. You may even have to track down the owner before him, if it was before he owned the place.

I gave my neighbor permission to have his garden fence cross the property line on one corner, but the written permission explicitly states that permission is not permanent and does not give up my rights nor alter the property line.

In at least 2 states where I have lived, even verbal permission from a property owner will block any "adverse possession" by an infringing neighbor.

Your neighbor will have to understand that your property rights (and value) will have to be accommodated, hopefully that can be accomplished without rancor.

It is not practical for the neighbor to move the garage 3”, hahaha, hilarious image comes to mind. I am NOT an attorney. The following is NOT legal advice. Keep in mind if you decide to be neighborly and don’t address the property line encroachment issue, “NO GOOD DEED GOES UNPUNISHED.” Your remedy is to file a complaint with the court and attach the property survey (it must be dated AFTER the garage was built and the drawing shows her garage is 3” over onto your property). In court, ask the judge if the garage is on any part of your property. Based on the property survey, the judge will rule yes or no. You and your neighbor may both win in court if the neighbor gives the judge the house moving firm’s estimated cost to move her garage or a contractor’s estimate to demo the wall and build a new one, and she convinces the judge the cost harms her more than having her garage on 3” strip of your property hurts you. In this situation, your neighbor can ask the judge to change the property line along the garage so she owns it and you can ask the judge to change the property line along the driveway so you get enough room for your car. Win-win for both of you. Then you and your neighbor can agree on the fence placement (and who owns and pays for it). Adverse possession and easements have been suggested above. Again, the following is NOT legal advice. Your neighbor will probably lose in court if she claims that “adverse possession” gives her ownership of the 3” strip of your property - even if the garage is in plain view and even if it has been there at least X number of years. The reason she will probably lose “adverse possession” is that she may also be required to show the judge that her real estate taxes over X years included taxes on your 3” strip of land. It will be practically impossible for her to prove because the property survey proves it is your strip of land. The reason you will probably win is because your property survey will prove you have been paying real estate taxes on that 3” strip of land. If your neighbor claims “exclusive use/prescriptive easement” she will probably lose because the garage is for her exclusive use and is not shared with you (the garage door is on her property and if you park in her garage you will be trespassing).

Sorry is is 3 feet or 3 inches. There is zero I would do for inches. A lot of this is figuring out what you are comfortable with and will tolerate big picture. We had a nightmare lot line issue with one of our neighbours. Their deck and shed are over the lot line, the fence was over 3 feet wrong in parts. We still reached a compromise that we all were okay with. We got some back, he didn’t have to move strictures, it works for us. It’s not perfect but we also have to live beside him and we didn’t want to throw money at a problem we felt we could compromise on. It is super easy for us to give advice to you online but you need to decide what you are willing to do in person and how big you want this to get etc.