Homeowner asks Hamilton County to review undisclosed fence setback restriction after costly closing

During public comment at the March 26 meeting, Brian Fuller of Magnolia Farms said he and his wife recently built a home and learned after closing that a portion of their property could not be fenced because of an interior setback imposed by their builder, Pratt Home Builders. Fuller said county departments told him they could not identify a county ordinance that required the setback and that other builders in the area did not impose the same limitation.

Fuller said he and his family were financially committed — he cited $67,000 in earnest money — and that walking away was not a realistic option. He raised safety concerns, arguing that fences placed inside property lines create narrow strips of land that reduce sight lines and complicate maintenance, and that such configurations can reduce neighborhood safety by creating hiding places.

He asked the commission to consider directing the appropriate county department to formally review the legality and enforceability of the setback and to consider whether buyers should be informed of material land-use restrictions before signing contracts and risking substantial earnest money.

Chair offered Fuller a follow-up opportunity to meet outside the chamber to discuss the matter; the transcript does not record a formal staff direction or a subsequent vote.