# Need some help. Just bought a house with a pool next door...



## boopie2001 (Aug 11, 2005)

Hello mamas,

I just accepted an offer on a new home just a few weeks ago. While we were having the home inspection done we found that there was a semi-inground pool in the neighbor's yard. When we were looking at the house we could not see it because from our yard, it looked like a large deck. I am totally freaked out now since I have two three year old and I am terrified of anything happening. I am sick to my stomach about this. There is a small wooden fence surrounding the pool but I am not sure about any locked gates. They have recently installed a new three or four foot fence next to our yard. This has really got me worried since I constantly hear about children drowning in the neighbor's pool. My husband does seem too worried. Do you think that it would be rude to ask if they can installed a locking fence door (at our expense)? What can I do?


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## VK1987 (Apr 28, 2010)

Not rude at all, especially if you're offering to pay for it...I wouldn't mind at all doing that for my neighbor. But, we all know how some neighbors can be...








The fence in your yard, is an all around fence or is it just between the two yards? Is there a way to put up a gate in your yard?


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## Megan73 (May 16, 2007)

I would check with your municipality about what the rules are with pools - your neighbours may well be legally required to have a fence of a certain height with a locking gate. They would be in my city!


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## JessieBird (Nov 21, 2008)

Quote:


Originally Posted by *Megan73* 
I would check with your municipality about what the rules are with pools - your neighbours may well be legally required to have a fence of a certain height with a locking gate. They would be in my city!

It's the same here and it's taken very, very seriously. All pools have to be completely fenced on all four sides with locking gates. I'm not sure how high the fence has to be but most of the ones I see are at least 5'. Check into the rules in your municipality and see if you have any leverage that way. Depending on what the neighbours are like, it may be a difficult discussion no matter what but it sounds like you can handle it well especially if you're prepared to help them with the cost. Good luck!


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## ~Charlie's~Angel~ (Mar 17, 2008)

Here in NY state, doesnt matter what kind of pool you have, there must be some form of anti-access to the pool at all times. If its inground, there must be a fence atleast 4.5 feet high surrounding the entire pool, with a locked gate. (it may just go around the pool, or the entire yard, but it MUST be there) If its above ground, and has a deck, there must be a locked gate at the stairs. If there is no deck, the ladder must be removed from the pool when it is not in use.

I am willing to bet your possible neighbors are under the same legal obligations. If they are not in compliance, big time penalty if they get caught.


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## boopie2001 (Aug 11, 2005)

If funny, where I x-posted my question I am getting a totally different answer. Everyone is telling me it is my business to protect my children and not the neighbor's, which is true. The problem is that the neighbors just installed a small picket fence between our yards. If the neighbors can't put a small fence door at the top of their stairs to the deck, I am going to put up a large fence right next to their new fence. Gotta protect my kids, right? I wanted to avoid that though.


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## maryeliz (Oct 27, 2005)

OP, I would approach them and very nicely say what you said above. Something along the lines of: I'm worried about my kids and your pool, I'd be happy to put in my own fence, but I don't want to ruin the look of the fence you just put in. Would you be willing to put in a locking gate as a compromise (and I'd be happy to pay for it)?


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## laughingfox (Dec 13, 2005)

Quote:


Originally Posted by *boopie2001* 
If funny, where I x-posted my question I am getting a totally different answer. Everyone is telling me it is my business to protect my children and not the neighbor's, which is true. The problem is that the neighbors just installed a small picket fence between our yards. If the neighbors can't put a small fence door at the top of their stairs to the deck, I am going to put up a large fence right next to their new fence. Gotta protect my kids, right? I wanted to avoid that though.

If their fence is inadequate, I'd put up my own decent fence with locking gate if I was going to let my young children out in the yard without my complete attention, pool or no pool.
Even if they have a lock_ing_ gate, you can't guarantee that it will always be lock_ed_.


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## JessieBird (Nov 21, 2008)

Quote:


Originally Posted by *boopie2001* 
If funny, where I x-posted my question I am getting a totally different answer. Everyone is telling me it is my business to protect my children and not the neighbor's, which is true.

Yes, that's true but everyone has an obligation to protect vulnerable members of society from danger. Even on private property. I took a basic law class once and our pool fencing laws were described as "protection from dangerous irresistible attaction" (or something like that) along with other similar laws such as the requirement to have high fencing around construction sites. Even on private property things like pools and construction can be irresistably tempting for curious explorers, like kids or people with impaired judgement for whatever reason. At least around here, there is general understanding that kids can slip away in the blink of an eye and parents can't watch their children 110% of the time, especially during that stage when they are entitled to some freedom but don't have fully developed good judgement yet.

Maryeliz had the perfect suggestion of how to approach it - concern for your kids and also consideration for the appearance of their fence (or any new fence that you end up errecting).


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