Neighbors built fence, making our driveway a tunnel
66and76
12 years ago
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weedyacres
12 years agoLoveInTheHouse
12 years agoRelated Discussions
New 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 MoreNew Renters Build Fence & Utilize Our Fence Without Permission
Comments (40)Fence costs are catch-as-catch-can. If the landlord neighbor didn't want to pay for the fence when it was built, nothing you can do about that. You either pay for the fence and make it yours, or don't put it up. If you want a fence that bad, you pay for it. It's certainly not fair to demand payment later when someone else moves in. It's very common to set back fences 6" in my city. I don't know if it's a requirement. I do know it's common for adverse possession to only apply if someone is squatting without permission. IF the fence regulations already require a setback, I can't imagine an adverse possession case getting any traction based on the fact that the fence was built to code. Even if there's no setback requirement, you may still be protected if you specifically allow someone to use YOUR land, as in giving a neighbor permission to use the 6" strip. Or, if you specifically prohibit it. "Squatter's rights" to land usually apply when the neighbor used it and the owner knew about it and did nothing. Our neighbors accidentally put a block wall raised bed a few inches past the line. They moved. The new neighbors brought it to my attention and I said they didn't have to remove the entire wall on my account (it's only 4 feet long anyway). I gave them permission to encroach on my property with their wall. It's still my property and will remain so. Of course, it should really be in writing because if it ever goes to court, there's no documentation, but in my case it's a de minimus condition, and we get along fine with the neighbors....See MoreGood Fences Make Good Neighbors?
Comments (9)Ohhh, MamaGoose, I am dying laughing at the orange jumpsuit! And that alarmed me when I saw it too, especially when he ducked down out of signt immediately after I called the dog. I knew the fence guys had the option of working Saturday, and I checked the front drive again to see if I'd missed seeing their truck, but no they did not come to work. That meant someone else. I suspected who, but had to return to the back door and wait for about two minutes before he finally stood up. Yep, orange jumpsuit and a white head of hair, just visible from shoulders up above the shrubbery along that property line. And orange jumpsuits signify prison to me too, Mama. But the white hair meant the neighbor. And his presence there was not on his property, but on his back neighbor's property, which he is treating like his own. The owner is the niece of the lady we bought the back forty from. And she had to put up NO TRESPASSING signs facing HIS HOUSE in attempt to keep him out of there. The house is vacant. He does cut the back yard up a ways, but not all the way to the empty house. He is doing to HER property what he once did to OURS, expanding his space, even planting hydrangeas in places. Well, it is better than weeds I know. But also in the tall weeds up near that vacant house is where he was secreting his infamous burn barrel. On someone else's property, so he could deny it was his. But that was stopped too. I have no idea where he hid it this time. But now and then, I do smell burning stuff late at night on weekends. And Scott, we had a survey done and we paid to have both our lot and the neighbor's lot totally surveyed. Money well spent. The old survey markers next to this neighbor had been removed. Well, one of them had been cut off below the ground out by the street, and it was located in what I thought was HIS YARD by about 6 feet. After he backed his trailer up our driveway and across our lawn to haul away huge tree limbs and boles, I popped a line and built my rose bed to prevent any such future occurence. No fence on the front yard portion of this property line, but I did make the flower bed pretty on both sides as viewed from both our yards. I dare say it is the best flower bed in the neighborhood, and it is out in view of God and everybody. LOTS of compliments on it. I installed a line of brick flat to the ground on his side of the line (still on our property though), so he could put the wheel of his mower on it. As to plants growing in the Back Forty. No poison ivy, which really surprises me. But thank heaven it is not there. And no one has tossed any pot seeds there. I had not thought about that. A grandson lives with them, a college student, so I appreciate the heads up about that. It would definitely cause us some grief if such seeds thrown in our new space suddenly grew. The authorities would be notified and we would be turned in you betcha. And I'm not so attentive to WEEDS that I'd notice any strange things dropped into a basic overgrown place. We've cut back the major overgrown stuff, but not fine tuned it yet. That will come after the fence people quit stomping around back there. Even their presence for one afternoon has made a big difference in the open ground. But I am careful walking there until all the stobs of cut-off tree seedlings are removed. I cannot afford a foot injury with my diabetes. Oh yes. I revisited the spot where the neighbor was seen. He's pulled out some grass along the old chainlink fence, but not significantly so. I suppose he was doing his own survey of the post locations--for what other reason could he be so fascinated to go so far as to HIDE his presence, and not stand up until he expected me to be moved away from the door? But the new posts are inside our property markers. Good Sunday morning to you all. Lovely day....See MoreMy neighbors built a 9 foot privacy fence.
Comments (46)One responder below smugly quipped; "I'm not a privacy freak," not so gently inferring people that prefer much greater privacy are somehow psychologically lesser beings. Well, obviously I have a bit of a problem with such a haughty attitude, but I certainly prefer a world where people are free to speak their mind openly - even if I greatly dislike their opinion. A short time ago, my built a small extension to his home to increase the space of their master bedroom. A weekend job (zero permitting). He is a very skilled contractor in several trades, so I have zero concerns of myself being affected whatsoever. As far as the permitting part, this was an unsolicited disclosure from my neighbor, as he well knows I truly don't give a damn about that. The problem is, he installed two 3x5 foot Windows on a side of his home that directly face my FORMERLY p-r-i-v-a-t-e back yard. No windows existed on this end of his home had previously existed whatsoever. Said wall is roughly 6 feet from our shared property/fence line. AND his property is on the high side of a gentle upward sloping part of our neighborhood (they now look down on us - much like prison guards). It is extremely uncomfortable for my wife and . I perfectly appreciate (assumption my own) he and his wife's desire to get more light into that part of their home. I get that. However, they can see straight into our once very private back yard, straight into the many windows on our home that are adjacent to his new windows, and literally straight into our master bedroom door clear to the opposite side of my home. Did they think to consult us beforehand? Don't know. I do know, , they DID NOT consult me first - that is all. The ONLY solution I have is to build a 9.5 foot fence with horizontal varied slats to at least allow some light toward their new windows. They are very nice neighbors and I have no desire to throw a monkey wrench into a fine relationship. neither do I detest myself so much as to believe I must "turn the other cheek" and just let it slide. I will not simply lay down and take gut kicks - even if they were somewhat unconsciously administered!...See MoreCarol_from_ny
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