Fence gate: must be to code and must solve marital dispute
August 25, 2024 11:04 AM   Subscribe

My wife and I are in disagreement about a home maintenance matter involving our our backyard fence gate. Please help us resolve it. (I have put this in the Home and Garden category, but it could also reasonably go in the Human Relations category.)

Here is the background information about the situation that has led to the disagreement:
  1. Our backyard has a pool in it which fenced off from the outside. That is, there is a wooden fence that encloses our backyard and separates it from the street and alleyway, but there is no fence or other barrier that surrounds the pool.
  2. There is no space in the backyard to add such a fence. The previous owners had the pool built to essentially fill the entire yard. All we have is the pool and concrete surrounding it.
  3. Therefore, city bylaws require that the gate in the fence surrounding the backyard is lockable (and that it is locked when unsupervised).
  4. Bylaws also require the gate to have operable self-closing and self-latching devices.
  5. Our gate has none of these things. The gate is in a fairly significant state of disrepair: the post that the existing latch is attached to has lifted up by a couple of inches, so the latch can no longer close. There is other, older latch hardware attached that indicates that this has happened more than once. Again, the fence and gate are all made of wood.
  6. The upshot is that our gate cannot be locked or even effectively latched right now.
  7. We currently have a heavy plant pot pushed up against the gate, which provides protection from somebody casually trying to push the gate open, but somebody who was at all determined to get in could easily do so just by giving it a good shove.
We are not really wanting to spend a lot of money to have the gate (and probably a bunch of the rest of the fence as well) rebuilt right now.

My main concern is that, since the gate is not locked/lockable and not up to code, we would be legally liable if somebody got into the backyard and died/was injured in the pool. (Of course, I also don't want somebody to die or be injured in the pool! But I especially don't want to be sued because that happened. I hope this doesn't sound heartless.) So, I would like to install some kind of latch that I can attach a padlock to, in order for the gate to be locked at all times.

My wife, on the other hand, wants (reasonably!) to be able to enter the backyard via the gate. We live on a corner and the gate opens on to the side street. Sometimes we have to park on the side street, and it's convenient to be able to come in through the gate in order to bring in groceries, etc. And generally, it seems less than desirable to not be able to use what is in fact an entrance to the property as an entrance.

However, the dilapidated state of the gate seems to preclude adding any kind of latch/lock mechanism that can be locked from the inside and unlocked from the outside.

My major concern is compliance with the law/protecting us from liability, while my wife's main concern is convenience. I'm frustrated that she doesn't think my concerns are that important, and I guess she's likewise frustrated with me.

I'm not quite sure what I'm after here. A technological solution that satisfied both of our concerns would be ideal, but other perspective on the relationship aspect of the problem would also be welcome.
posted by number9dream to Home & Garden (35 answers total)
 
A cable bike lock? It’s not super secure, but it’s more secure than a completely unlocked gate.
posted by sacrifix at 11:08 AM on August 25 [1 favorite]


the dilapidated state of the gate seems to preclude adding any kind of latch/lock mechanism that can be locked from the inside and unlocked from the outside.

Maybe I'm missing something, but why not have a lock that can locked and unlocked from the outside? Why does it need to be locked from the inside?
posted by coffeecat at 11:12 AM on August 25 [5 favorites]


It sounds like you only need to fix the post next to the gate and it could latch. Just because you could fix the rest of the fence doesn't mean you must.
posted by flimflam at 11:13 AM on August 25 [11 favorites]


"We are not really wanting to spend a lot of money to have the gate (and probably a bunch of the rest of the fence as well) rebuilt right now."

Don't want to or can't? Spending money to fix the gate will solve both problems.
posted by jonathanhughes at 11:13 AM on August 25 [28 favorites]


I’d fix the post or gate as the simplest way to address both concerns. This one seems penny wise pound foolish to me in terms of everyone’s time including arguing, quick fixes, fiddling with temporary latches, and moving pots.

However I agree with something like a bike lock as an interim solution.

You really don’t want a drowning. My husband and I filled in a dilapidated pool at our first house and later learned it had been the site of a drowning years before. Even though we no longer had a pool it wasn’t a great feeling.
posted by warriorqueen at 11:19 AM on August 25 [10 favorites]


Is this an issue a big zip-tie would resolve temporarily? Once you've passed it through in a way that would secure the gate, someone would need to literally cut it to get in. The gate would effectively be locked until you have a chance to do the necessary upgrades.
posted by I EAT TAPAS at 11:21 AM on August 25


Me? I'd act unilaterally and take the middle ground: spend the necessary amount of money to repair the gate itself (not the whole fence) so that it meets the bylaws ( self closes, self latches) and is accessible from outside to maintain your convenience. This is exactly the kind of repair that is so minor but convenient that in retrospect all parties usually chide themselves for not doing it sooner.

That said, one way to surface conflicting priorities is to ask each person if they're willing to assume the consequences of their wishes. So, would your spouse be willing to assume, solely, the consequences of not locking the gate? From your description those range from nothing (if the city doesn't notice) to someone dying. Would your spouse be willing to more or less, put their money where their mouth is? On the other hand, would you be willing to take on the consequences of your wishes? It's not as clear what those would be, but you could ask your spouse to spell them out. Now because you're married, legal consequences won't be levied against just one of you, but if your spouse isn't willing to even entertain taking responsibility, it may highlight your dilemma for them.
posted by cocoagirl at 11:25 AM on August 25 [1 favorite]


I am the sort of person who would rather just fix something right unless there's a good reason not to (and that goes triple if it's a safety issue and a liability risk!), and I have a strong dislike of dealing with inconvenience in my own home -- so I understand where your wife is coming from.

But if there's a good reason not to right now, like you truly can't spare the money to do the bare minimum necessary repairs, a good compromise might be to put in a temporary closure solution right now and then set a specific, concrete goal for when you'll fix it for real. That goal could be "by the end of March" or "when I get my annual bonus" but it has to be something specific or it will be difficult to trust. That way your wife knows the gate won't be permaclosed to her forever, and you get the peace of mind that the risk of people getting into your property and hurting themselves is immediately reduced.

It's crucial, though, that you follow through when the time comes, otherwise the potential injury to marital harmony is much greater.
posted by rhiannonstone at 11:32 AM on August 25 [6 favorites]


I would ask a few fencing companies about the cheapest short term and then long term fix. You can probably get someone to fix just the gate properly without a big expense.

It also sounds like you should start explicitly budgeting for a new fence.
posted by twelve cent archie at 11:35 AM on August 25 [6 favorites]


I'm not sure I get the full situation: surely if the post and gate are in sufficiently good condition for your preferred solution (a new latch with a padlock) to be effective, then they are in sufficiently good condition to install a new latch with a usable lock and some self-closing hinges? Or is the concern that repeated opening of the gate will cause the rest of the fence to break? In that case, rather than messing with latches and locks, you should probably board up the gate securely and start saving up for a proper repair sooner rather than later.
posted by radiogreentea at 11:45 AM on August 25 [1 favorite]


In my time on this earth, I have always found that it is almost always better to spend the money to resolve a domestic concern that can be solved by money when there is no fundamental disagreement. It sounds like neither of you object to having a lockable gate that can be accessed from the outside, except that it’s expensive. Spend the money; solve the fight.
posted by corb at 11:50 AM on August 25 [15 favorites]


Morally, I feel like the point of all these regulations is so that someone can't inadvertently or easily get into the pool area without having to be determined and malicious about it. You can never prevent a determined person who really wants to. So the bike lock, blocking the gate, conspicuous signage, etc. would all be mitigating factors.

Problem is, legally the rules are the rules, and any deviation from them involves some risk. I think your two lowest-risk options are:
1) Make it clearly not a gate. Don't block it or use an arguably non-code device like a bike lock. Wire it, nail it, somehow disable it so it's part of the fence, not a gate. Your wife would be unhappy with this solution.
2) Spend the money and fix it exactly the way the code says a gate should be.

Any middle ground is risky legally, even if it works.
posted by ctmf at 11:54 AM on August 25 [2 favorites]


Any answer that violates the law and leaves you liable is unacceptable. You already know what's right here and wish to do it. The fact that your wife wants things arranged to satisfy her desire for convenience rather than an ethical solution says that really, in the long run, this is about an awful lot more than a gate. You two lack moral compatibility.

Your options aren't fix it or ignore it; it's spend the money/do the work necessary to solve the issue in a way that satisfies her desire for convenience, or fix it in a way that doesn't, which would be less expensive.

I'm only mentioning the following because it IS a possible solution, though typically I'd use it on a clueless/selfish neighbor, not a [insert chosen adjective here] spouse... If all else fails, you could force the issue and (anonymously) report it through your local code violation methods. Then you'd HAVE to fix the issue in a safe way, even if it's less convenient for her.
posted by stormyteal at 12:30 PM on August 25 [2 favorites]


Oh yes. And just wanted to mention: removing all the water usually isn't an acceptable solution to code enforcement when it's an in-ground pool, but it's possible your local situation varies.

And you might want to remind your wife that, should code enforcement become involved, they might decide the entire fence needs repaired or replaced, too... and that's going to be a lot more expensive than just fixing the gate and/or latch.
posted by stormyteal at 12:36 PM on August 25


the dilapidated state of the gate seems to preclude

My main concern is that in your current dispute, the costs to bring the gate up to code appear speculative? If you haven't had people out to look at your situation, ranging from handymen-type soloists to full-on fencing companies, please do that. Someone very familiar with this issue may be able to level the post/reinforce the gate/rehang the gate/replace the latch now, to comply with the local laws, for not much out of pocket. Quotes from the fencing companies will let you know your ballpark for budgeting purposes. Use your heavy planters behind the posts, not the gate.

In your profile, you identify as a man married to a woman. If you and wife are average-sized Americans, when she has to park on that side street, her schlep of the groceries and sundries (from the car, around the corner, through the front door, and maybe into the back of the house to the kitchen - and you don't mention contending with any stairs) is more arduous than yours. Also, is going through the gate the fastest route to a bathroom? That can be a factor, too.

Generally speaking, women are looking at additional factors (time of day, passersby, street lighting and blind spots [like coming around a corner, laden with bags], how many trips it would take to unload the car; various "invisible" safety concerns) when plotting to get from point A to point B. (This behavior is not always on the conscious level — it's simply ingrained.)

Besides, gates should work as gates. Being able to exit your yard in an emergency is important, too.
posted by Iris Gambol at 12:42 PM on August 25 [13 favorites]


Get the damn gate fixed before someone gets hurt and you get sued into the floor and face serious legal consequences. This is what credit cards are for. Get some estimates from fence companies this week and sign a work order asap.
posted by seanmpuckett at 12:46 PM on August 25 [13 favorites]


We currently have a heavy plant pot pushed up against the gate

Does that mean the current situation is already that your wife can't use that entrance as an entrance?

In that case putting in a real lock wouldn't really change the status quo for her but would make it somewhat harder for someone to get in, and you could do that as a temporary measure and put together a timeline and budget for saving up for a later code-compliant fix that works for both of you if you can't afford it now.

Also, you didn't mention this option and I assume you want to keep the pool, but if you don't particularly care about it you could fill it in. (Especially since fences, even when locked, are climbable; presumably you have guests sometimes, possibly with kids; etc.)
posted by trig at 1:04 PM on August 25


Response by poster: Thanks for the perspective, everybody. Just to address a couple of questions that have come up:
  • We can't just add self-closing hinges and a latch to the existing gate because the whole thing is now off-kilter enough that the bottom of the gate drags along the (concrete) ground when opening and closing the gate. You have to manually lift it up to swing it open or closed.
  • We've just done a bunch of big/more pressing house projects and are in the process or replenishing the project budget. That said, we could probably swing it one way or another, but lower-cost is preferable.
  • The corner is well-lit and visibility is high, the fence line is about 20 feet back from the sidewalk, and the neighborhood is very safe. My wife is not the kind of person who would hesitate to say she felt unsafe, and she has not said this to me in this instance, so I am pretty sure this is not a hidden factor.
  • Similarly, bathroom access is not an issue.
  • It is currently possible, but annoying, to use the gate as an entrance, because of the flower pot and the fact that you have to lift up the gate. In practice, we don't really do it.
I am thinking we should just suck it up and pay to fix the gate.
posted by number9dream at 1:28 PM on August 25 [10 favorites]


In my time on this earth, I have always found that it is almost always better to spend the money to resolve a domestic concern that can be solved by money

That. How much would you pay to not have a lingering resentment over how you were not supportive of her needs come up every argument for the next 20 years? (Cynical but true)
posted by ctmf at 1:28 PM on August 25 [5 favorites]


Short term solution: take the gate off the hinges, cut the bottom down. Put it back on and add the self closing/latching hardware.
posted by Ferreous at 1:30 PM on August 25 [4 favorites]


Hit post too early but you can then put a lock on a chain in a manner where you can access it from both sides. For example have it threaded through a hole in the gate that's large enough to pass the body of the lock through and unlock it from both sides.
posted by Ferreous at 1:37 PM on August 25 [2 favorites]


Please, for everyones (your very appropriate worry, your wife's convenience, everyone's safety) just fix the gate.

This is not the place to not spend the money (safety/ liability) and absolutely not worth fighting over. The fix is easy.

It might be less than you think its going to be. Talk to fence companies and gardeners.
posted by zara at 2:06 PM on August 25 [5 favorites]


Let money solve this problem and just get the gate repaired.
posted by fluttering hellfire at 2:08 PM on August 25 [3 favorites]


Maybe to help frame this we had our last house fenced. It costs us $4k to do the entire thing with new gates etc etc and came with a lifetime warranty on labor. So... Maybe it's not as expensive as you think it is.

Also if you are any kind of reasonably handy (or your wife is or a sibling, parent, beer buddy etc) this a 1 day 3 trips to the store repair. Honestly you could absolutely rebuild the entire gate from home depot stuff. 2 new posts, 2 bags of quickrete, gate hardware and a literal premade gate. You could dig manually or rent a post hole auger.

Gender roles not involved here... In life.... If you can make your partner, your spouse, the one you chose to spend the rest of your life with, who made your tummy flutter when you first linked hands.... If you can do something that makes them happy, and makes their life easier... Is there a single reason you can think of why you shouldn't do that? She's asked for something that will make her life better and easier. You're arguing legal semantics.

Also I cannot stress this enough. Don't do this. To any human. Not a neighbor. Not a friend. And not your spouse. Sheesh.

If all else fails, you could force the issue and (anonymously) report it through your local code violation methods. Then you'd HAVE to fix the issue in a safe way, even if it's less convenient for her.
posted by chasles at 2:33 PM on August 25 [1 favorite]


Yes, “pay to fix the gate” is the right answer here. In the *very* short term it can be “lock the gate,” because in the battle of convenience vs. not having people drown, people’s lives win. But that’s a false matchup here - you have a third, better option.
posted by Stacey at 3:17 PM on August 25 [2 favorites]


The part that’s annoying me is the cheapness on both sides; the side issue is both of you being more concerned with your own point of view (risk of happening vs impact if it does vs daily convenience) and neither one of you seeing the broader picture because of aforementioned cheapness. Life costs money. Be a good neighbor and take care of your responsibilities. And when having an issue like this step back and try to see it from all sides, logically.
posted by St. Peepsburg at 3:57 PM on August 25 [5 favorites]


I'm not really recommending this, but it is a cheap and simple solution. Add a latch bolt on each side of the gate. Padlock the inner bolt. When going out, move lock to outer bolt. When returning, move lock to inner bolt. Temporary solution.
posted by H21 at 4:52 PM on August 25 [1 favorite]


"I am thinking we should just suck it up and pay to fix the gate."
I am a certified lifeguard. You would not believe some of the horrifying things I've seen happen that were completely preventable had the rules just been followed. For the love of all that's holy, I implore you to just suck it up and pay to fix the damn gate!!
posted by SageTrail at 5:48 PM on August 25 [10 favorites]


Is the gate wood, metal, plastic? Are you handy at all? I can’t weigh the options without some cost estimates. Google “fence gate kits.” Watch some videos on no dig fence posts.
posted by at at 7:31 PM on August 25


Response by poster: The gate is wood. Some of the concrete around the base of the gate posts is broken. I am so-so handy - I can follow YouTube videos and the like, more or less getting the job done, but I'm not an expert. I have a decent set of hand tools and a power drill and sander, but I don't have a circular saw or similar, just a manual saw.
posted by number9dream at 4:55 AM on August 26


This may be the perfect time for you to build a relationship with a handy-er neighbor. Is there anyone nearby who you know enough by sight, who is obviously That Person Who Does Their Own Work? Most people are happy to be approached with: "Hi neighbor, we haven't had occasion to meet properly, but you're obviously skilled and I wonder if you could help me. My gate is broken and I'm worried about a neighborhood kid getting into our pool and getting hurt or god-forbid drowning. I'm happy to add muscle to the job, but I don't really know what I'm doing. Would you be able to help me rebuild the gate so it works, and I'd be happy to return the favor some time?"

And if you've misjudged their capabilities, they may point you in the right direction.
posted by cocoagirl at 5:55 AM on August 26


A concern is whether the fence and gate are up to code irrespective of the pool complication. The gate post rising up and the gate being off-kilter could indicate inadequate concrete footings. In many jurisdictions footings must go deeper than the depth to which the ground will freeze in winter, because the freeze/thaw cycle will gradually push the footings upward.

Fencing companies might be unwilling to work on a non-compliant fence, so getting one involved might open a can of expensive worms, i.e. a whole new fence.

If it were me, I'd punt this problem down the road by budgeting and saving for a new fence. Meanwhile I'd permanently close and bar the gate.

Nobody gets what they want! Perfect!

Until such time as everyone gets what they need
posted by under_petticoat_rule at 6:42 AM on August 26


circular saw or similar, just a manual saw.

As a homeowner you should own one. Do you have harbor freight near you? Their circular saws are fine. Get a corded one, 7 1/4 inch size (not the smaller size). They are like $40.
posted by The_Vegetables at 8:23 AM on August 26 [1 favorite]


Maybe this is living in a semi rural area but I've never run into a contractor who was willing to do that job at all in the first place who was deterred by the whole of the thing they're working on not being up to code.

If contractors refused to deal with anything that wasn't to code they'd never have work.
posted by Ferreous at 7:54 PM on August 26


Response by poster: Thanks again, everybody. I've contacted a local company that builds and repairs fences, decks, pergolas, etc, and I'm in the process of getting somebody out to give a quote. As multiple people have pointed out, this is an issue where there's really no downside to just paying the money to make the problem go away.
posted by number9dream at 5:15 AM on August 27 [7 favorites]


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