OT:Neighbor's fence on my property

[cigarboo]

Hi all! I was thinking of asking this on the community board, but WOW! it's pretty politically intense over there. I'd rather not hang out there. Here's my problem, if anyone can help. I have a long driveway and a neighbor who I don't really know, put up a fence on my property. His house backs up to my driveway. When he first started putting up the fence DH went to ask if he had done a survey. He had not and showed my husband where he was going to put the fence. We weren't sure where the property line is also. When we came home, he had put the fence closer to our property. A couple days later I went to tell the neighbor that I had called a surveyor to come out and said if the fence is on my property, I would have to ask him to move it. So it turns out the fence is about 6 inches onto my property on one side and 2 feet on the other end. What should I do? Should I just let it go? I'm concerned about losing my rights to that area since he's fenced my property in and that down the line I'll end up with a jagged property line. I was hoping he'd see the stakes and kindly move the fence, but he hasn't yet. Not sure what the next step is, or whether I should even bring it up. His house is For Sale by owner at this point.

 

[torinsmom]

I would make him move it, because when he sells, the new owners may not be told that the fence is on your property. They will end up having to move it, and that would not be fair to them. Since you spoke to your neighbor about it, he should have checked before he put it up.

Marsha

 

[wall*e2008]

I would have him move it. What is the setback in your community?

 

[mrsg00fy]

I would have him move it. What is holding you back from doing that? Are you afraid that your relationship will sour? He is moving anyway. I'm pretty sure that if you do not protest this now....that you could be in jeopardy of losing a portion of your property at some point.

 

[thegrimdwarf]

Send him a certified letter requesting he remove his fence from your property. Include a copy of the survey, and give him whatever length of time you think is fair for him to resolve it. If he ignores you, you'll need to get a lawyer involved, which stinks because it's going to cost you $$ - but you definitely don't want that house changing hands without the fence issue resolved. You can be held liable for anything that happens *on your property*, even if there's a fence that would indicate otherwise.

My parents went through a similar problem with neighbors who fenced a pool and went 9" past the property line - it was a HUGE deal because of liability with the pool.

 

[momslave3599]

Absolutely he needs to remove it. If he ends up staying and it isn't removed, that part of you property could become his if you allow the fence to stay. It would have to be that way for years, but it can happen. As a realtor, I've seen it happen twice!

Next, if he sells that property and it isn't addressed (is a survey required for sale in your state?) then the new owners have a load of trouble and that in turn brings bad vibes to your relationship with the new neighbors. So, DITTO, to above. Send a certified letter and notify your city of the issue.

Good luck!

 

[marlynnp]

Send a certified letter to the neighbor, copy to city/borough/township, and copy to his realtor.

 

[HeatherC]

Just curious about what would happen if you removed it yourselves. After all, it is on your property, right? Not that I'm suggesting that. But wondering legally if you can do this?

I'm thinking that if he won't remove it and you wind up having to get a lawyer, it might be easier that way. Then he winds up having to pay a lawyer...which he probably wouldn't do if he's moving anyway...instead of you having to.Does that make sense?

Just thinking out loud....

 

[disneygal2007]

Just curious about what would happen if you removed it yourselves. After all, it is on your property, right? Not that I'm suggesting that. But wondering legally if you can do this?

I'm thinking that if he won't remove it and you wind up having to get a lawyer, it might be easier that way. Then he winds up having to pay a lawyer...which he probably wouldn't do if he's moving anyway...instead of you having to.Does that make sense?

Just thinking out loud....

I don't think them moving it would be a good idea. Feuds can start that way. Ask them first then if that doesn't work send them a letter with all the info about the property and the fence and do it that way.
Play the nice neighbor rule.

 

[HeatherC]

Oh no, I wasn't suggesting they actually remove it. Just curious about the legality of doing so. I agree...much better to work things out friendly.

But if it got to the point of them having to pay a lawyer, I was just thinking in my head about how they could avoid doing that and thought "well it is on their property so why can't they take it down". Wondering if anyone knows if you actually could do that legally?

Best of luck to the OP.

 

[cigarboo]

What is the setback in your community?

I don't think there is a setback. You can put a fence right up to the end of your property.

What is holding you back from doing that? Are you afraid that your relationship will sour?

I actually don't know the neighbor at all, until he took some trees down and put up a fence. My driveway is about 1000ft long and he backs up to my driveway about 600ft from my house. I just hate confrontation. Forced myself to talk to him the first time around to tell him a surveyer was coming and he wasn't too pleased... anyways, I'm afraid to see him again. I just wish people would be considerate. Hoping he got the hint when the stakes went up, but he hasn't moved it yet. I suppose I'll have to face him.

Thank you everyone for your input. I was tempted to just leave it alone for the sake of not ticking off the neighbor. The fence itself doesn't really bother me since I only drive by it and that side of my driveway is just trees and brush. But it seems I have no choice due to the liability and also losing the right to the property. Can someone come here and tell my neighbor for me???

 

[hoosiergirl7]

I would ask him to move it and if he doesn't then you should consult with a lawyer.

We had a similar situation happen. We put in our fence first because we had dogs. Our neighbor next door then put up theirs and they linked into our fence without asking if we minded sharing. We were not happy as we spent a lot of money on our fence and well, they only ended up having to pay for 3 sides. It's not so much that we minded it was all about courtesy for us.

We consulted a JAG on our military installation and asked what we could do. They said due to the fact that this state has no laws governing such things, really there was nothing possible. He suggested we ask them to pay for part of the fence but they were under no obligation. So it pretty much was moot.

 

[mytwinklestar]

Sounds as if this neighbor was trying to enhance the property for sale by adding the fence. It would be an injustice to the new owners, as much as it is for you, to have this issue come up after the sale. The fence MUST be moved. I have a neighbor who thinks that since he doesn't want unsightly things in his open yard, that he can put them against the side of my home or up against the back of our privacy fence. He had a broken riding lawn mower against our fence for months before we had to confront him - as he was NOT taking the direct requests that he remove this. His response? "I don't want that thing in MY yard. It has to be there so that we cannot see it from our patio." What the??? Hello??? This is NOT the first incident with this particular neighbor. He put sand bags, after Katrina, against our slab. (Termite invitation!) We moved them. He put them back. He did this three times before my DH took a knife to the sand bags and dumped them out over the property line. Some people do not respect other's property. You MUST stand up to the bully sometimes. Sounds as if this is an appropriate time to take a stance. Educate yourself about the law. Let the law be your courage. Good luck to you.

 

[The Disney Bunch]

Have him move it - It is not in compliance with the town ordinances. You will be forfeiting that piece of property if you don't nip it in the bud now. It is going to make for hard feelings but he should have checked it our before putting the fence up. Did a fence company put it up or did he do it himself? Did he check with the town? Our town requires a permit to put a fence up. check it all out - it will be hard now but but easier later.

 

[tripplanner]

Absolutely he needs to remove it. If he ends up staying and it isn't removed, that part of you property could become his if you allow the fence to stay. It would have to be that way for years, but it can happen. As a realtor, I've seen it happen twice!

I saw this happen with my relatives. They lived side by side. A fence was constructed that overlapped with the parents lot. The parents just let it go. Many years later the son and his wife divorced, sold the house, and with it went part of the parents land. I would definitely take care of this now. You need to take care of your own interests in this case.

 

[astro784]

I told my husband about this last night - he is a civil engineer/land surveyor- his reply was that you need to take care of this now and the neighbor needs to move the fence. He said they see this happen alot and if you let it go for too long you will forfeit that piece of property.

Good Luck!

 

[DVCLiz]

Here's a question from the opposite side of the fence, so to speak. I have a chain link fence all the way around my property (it's hideously ugly and I plan to replace it some day). It's on the property line on both sides and in the front, but the back part isn't all on the property line. But, it comes in about two feet towards my house, so technically I own about two feet further than the fence. If I want to replace my fence along the back, can I still put up the new one on the property line, even though it would then "encroach" into the area the neighbors now have access to?

I don't think it will be a problem for them because I back up to the woodsy area of their yard, and after all, it IS my property. I just didn't know if fencing only a portion of your yard means you forfeit that property the same way it would if the neighbors had put a fence two feet over the line on my property.

Does that make sense?

 

[Octoberbabiesrus]

Been there earlier this year with this.

My lawyer laid out the options to us, and I will share her options.

Sue them for the sale of the land they encroached on. (meaning...force them to buy the land)

Ask them to purchase the land they encroached on.

They remove, or move back the fence.

 

[welovespacemoutain]

Here's a question from the opposite side of the fence, so to speak. I have a chain link fence all the way around my property (it's hideously ugly and I plan to replace it some day). It's on the property line on both sides and in the front, but the back part isn't all on the property line. But, it comes in about two feet towards my house, so technically I own about two feet further than the fence. If I want to replace my fence along the back, can I still put up the new one on the property line, even though it would then "encroach" into the area the neighbors now have access to?

I don't think it will be a problem for them because I back up to the woodsy area of their yard, and after all, it IS my property. I just didn't know if fencing only a portion of your yard means you forfeit that property the same way it would if the neighbors had put a fence two feet over the line on my property.

Does that make sense?

It does make sense. I am not sure, but I believe that if you do not maintain that area and the neighbor does, they could argue that it is theirs. So, make sure you take care of that strip of land. Also, you should make sure the back corners of your lot are clearly marked with flags or stakes. As far as building right up to the property line, check with your city for setback codes.

 

[tiggger1]

I know there is an ordinance in my town that states that all fences must be 2 feet from the property line. So as long as you maintain it you should be fine.