New Renters Build Fence & Utilize Our Fence Without Permission
recala01
14 years ago
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yborgal
14 years agosunnyca_gw
14 years agoRelated Discussions
fencing questions - materials for basic fence?
Comments (16)It actually was not complete in this picture. The fence is in the mountains in Los Gatos Ca.. Lots of wildlife and a lot of deer. See how the posts are extended in the picture, 2' above the top rails (2x4s) we installed black vinyl barb-less wire every foot to the top which is 8'. I do not have a picture of when we finished that part of this fence as I just looked. Here is some information that is interesting: we could have run the wire 3' above the solid Howard wire fence. A deer will not jump through an opening. Ill attach a pic of a true deer fence. 8' is the magic number. I build a lot of vineyard fences and deer will get over a 7' fence if they see something that looks tasty. A true deer fence galvanized is what is called graduated wire. The holes on the bottom are 2x4"s and as it gets higher the hole size graduates to 3"x 3" the 5"x 5"s. And you dig down about 6"s and bury the wire in the ground. A trick I picked up in the hole we cut the wire on the bottom of the fence every few inches and pull it away from the fence in the hole. It keeps rabbits and other critters from digging. Once they hit the sharp side of the wire they give up fast. It really does work. The bottom pic is another fence with barb-less wire on top. Dogs will not jump that fence with the barb-less wire and a squirrel, well as you know a squirrel can get into about anything it wants. Their squirrely..lol. When you see an animal climbing across a telephone wire....they go where they want. There is another method for keeping squirrels out but its not a fence. This is a 6' welded wire fence to keep dogs and small animals in or out. But deer will jump it with ease. The fence below has barb-less wire as the first fence had. Click on the picture to see the barb-less wire. By extending the tops 2" you can turn a 6' horse fence into an 8' deer fence. Using welded wire as shown in another post on top. As for snakes the only thing I have find that works in the 30 years is snake wire. Thanks for pointing that out in the pic. Have a wonderful life!...See MoreNew house and neighbors fence on our property
Comments (14)You need to study up the "adverse possession" laws in your jurisdiction. Basically, if your neighbor uses a portion of your property as if it were his own for a specified period of time (which varies by jurisdiction) and you don't do anything to assert your rights to the property, your neighbor CAN gain ownership of that property. However much you may want to be on good terms with your neighbor, you have no choice but to bring up the matter of the fence. Even under the best conditions, there are going to be some costs involved so your neighbor is probably NOT going to be happy but, if he is reasonable, you can work with him to mitigate his expenses and, hopefully, that will go far towards establishing good neighbor relationships. First off, ask your neighbor if he had the property line surveyed before putting up the fence. It sound as if one end of the fence is properly located (the point closest to the road) but that the fence then angles off so that it runs across part of your property. If so, it should only be necessary to have a surveyor locate the marker at the other end of the fence line (farthest from the road) to define where the fence should have been placed. Locating and marking that single point should not be too expensive. A few hundred dollars at most. Show your neighbor the neighborhood plat maps and point out that the property lines don't run perpendicular with the road. Assuming they did would certainly be a rational mistake to make so let him know you're certain that, if there is a mistake, it wasn't done intentionally. Tell the neighbor you want to get a surveyor out to find where the property line between your two properties actually is and ask if he is willing to split the cost of the survey. If he was not willing to split the cost, I would ask whether he would be willing to agree that whoever is in the wrong will pay the entire cost of the survey. I.e., if the fence is on your property, he pays the cost and if the fences in not on your property, you will pay for the survey. Your neighbor's reaction will tell you rather quickly whether it will be possible to maintain good relations with him. If he is not willing to split the cost of the survey OR pay for the survey if his fence turns out to be on your property, you can forget about trying to be neighborly. Have the survey done then immediately tear down any portion of the fence that is on your property and do whatever you want with the fencing materials. They're on your property. You don't have to give them back to him. IF your neighbor is reasonable about sharing the cost of the survey (or paying for it if it shows his fence is on your property), then, once you know where the fence line should be, you can give him time to have the fence moved. You don't need to take the fence down immediately. So long as the neighbor is using the area with your "permission", he cannot gain adverse possession of your property. I would give him a reasonable amount of time to move the fence and would be as neighborly as possible about helping him get it done. You COULD even agree to allow your neighbor to keep the fence where it is until such time as it needs to be repaired or replaced. But, since even a wood fence is likely to last 15 years or longer before needing to be replaced, IF you agree to let him keep the fence where it is (for now), it should be by written agreement that requires him to pay a monthly rent (it can be a nominal amount), specifies the maximum period of time the fence can remain in its current location, and has provisions specifying what happens if either of you decides to sell your property or passes away. The point of the "rent" is to make it clear to all the world that you and he recognize that you are the rightful owner of the property and that he is using it under an agreement with you. The rest of the provisions are so you don't someday find yourself disputing where the proper fence line is with one of his heirs or having a fight over moving the fence so you can sell your property without the encumbrance. I hope it all works out as amicably as possible for you....See MoreHow do you tell who's fence it is?
Comments (36)There is a 4 1/2 foot chain link fence separating my house from the neighbor . I bought my house in 2009 , the neighbors brought the next door property approx 2015. They wanted a taller fence so the put up the 8ft high wood panels on their side of the fence, they just wired them onto the chain link, however they then came around and put 3 of the panels on my side of of the chain link fence in the front side of my yard without asking me. It's been several years now and i wish to move the panels are they my panels now ? Or what? I don't speak to them , however we used to be friendly but I'm tired of the screaming fights 1 of them has with her pregnant developmentally disabled daughter and I have had to go over and tell them their trash keeps blowing in my yard and they also have 5 dogs, but city ordnance states you can only have 3.They are a family of 6 the elder mother 80'ish, Her ( blank ) Daughter, her 2 daughter kids ( who are in their mid 20's ), plus they call an add on an apartment where the elder ladies grandson lives with his girlfriend. They have never got the add on zoned to be an apartment.It was like a mother in law suite where a door in the inside of the suite goes into the main house. At the price of housing I cannot afford to sell my house and buy another. I'm at my wits end, however if I have the legal right to move the 3 panels i want to put them in my back yard where they would benefit me...See MoreSeeking The Neighbor Perspective: 8 ft Fence vs. 6 ft
Comments (65)Sometimes resurrected threads are helpful. We have a house that family is in that we will move back to. I've considered an 8 ft fence for screening an ugly property. The lot behind has 4 acres and it is a bit of a family compound. Rather nice but they use the part of their yard that butts ours as somewhat of a trash bin. They have been there for a long time and the previous owners of our house deforested the backyard - so I don't blame them. We currently have a 4 ft chain link - which is to say nothing visual blocking. The town probably would allow 6+2 and HOA probably would allow since this backyard property is not in the HOA and it would not be visible from the street and barely visible by the one neighbor. One solution to fence height rules is decorative walls that are not continuous - "not a fence". For now I have planted a lot but there is tall trees on the 4 acre property which block a lot of sun so the screenings planted may not be enough in our 4-5 year time line. It is the worst right now as the weather is nice but the trees aren't leaved out yet. We are planning on adding windows and probable extension back there with lots of windows so it wll matter more than current situation. On our current house, we have a section of 8 ft that was done for security. It is the one entry point to backyard that wasn't visible to neighbors (and wasn't through a neighbors yard). Of course a criminal could climb it but it certainly would slow them down. The gate has a deadbolt So sometimes height can be helpful - or at least can feel like it is helpful.......See Moreyborgal
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