OT:Neighbor's fence on my property

[YellowMickeyPonchos]

Call his realtor and make sure they know the whole story and give them a copy of the survey. A reputable realtor will also step in and say something to their client. They don't want it on their heads - they could be sued for not disclosing an issue with the property boundaries.

In addition, if you are worried/afraid about going to the neighbors and having a face to face confrontation, let the city do the job for you.

If you are pretty certain that he never pulled a permit for it, then contact the city and file an official grievance. Let them know your neighbor built a fence on your property line without a survey and that you got one afterwards when you were informed something was wrong. If you live in a normal community, you can bet that an inspector will be out quickly to review the situation and levy fines for violations.

The city can mandate they move it, or give you the authority to tear it down. If he's moving, no love lost.

 

[IntercomGroupPage]

My neighbor put an ugly chain link fence all around the front of his house, and he never bothered getting a permit.

Town came in the day after it was done and told him he had 48 hours to take it out. Needless to say it's gone.

You have recourse with that alone.

 

[chrisw127]

I would explain what you found out about the survey and ask him to move it. There's a concept in the law called adverse possession, where if someone is encroaching on your land and you are aware of it but do nothing about it, they can eventually lay claim legally to that property. BUT, in most states there's a requirement that they do this for 10 years, so you and your neighbor have plenty of time to take care of it. The only way it's an issue immediately is if one of you are trying to sell your house.

Sounds like an honest mistake on your neighbor's part. Good luck.

 

[Mickeypooh99]

Property rights are a very sensitive issue with me. We own 10 acres, and we can't see our entire property from our house. The back acre is neighbored by a man who's driveway comes off the side street. He started out parking his cars under our trees for the shade. We said nothing. He built a shed right on the property line, which is breaking the requirements for setback. We chose to say nothing. Then he started throwing his lumber scraps, shingles, etc. behind the shed which put it on our property. Still we said nothing. One day I walked back there to find a man covering a boat for the winter on our property. I asked who he was and he said he was Mike's (neighbors) brother. I said do you know this is our property. He said no he thought it was mike's property. I could see he was embarassed. Next thing Mike parked a camper on our property, and had a large propane tank delivered and filled to supply camper. The tank was on our property. We decided that was the final straw. I made my husband deal with it, as I hate confrontation. He called and offered Mike to buy our 1 acre of property for a high amount, or to clear his stuff off the property. He tried to talk us down to a less amount, but since we really didn't want to sell we said no. Then he laughed and said he didn't blame us for being upset. He proceeded to move his junk over to his own property. Which he has 18 acres of his own, so why he felt the need to use ours is beyond me.

We settled that issue. Now if we could just get him to keep his 2 large dogs off our property.....

 

[HGD24]

I'm pretty sure that after so many years, the neighbor could claim the land as his. We built in a development with a field in back of our house. We mowed the field back about 15 feet beyond our property line just becuase it looked nicer and helped keep the mosquitos away. The city made us put up bushes (they had to approve the type) on our property line so that we could not come back in so many years and claim the land that we were mowing as ours (which we did not intend to do). We continued to mow it, but with the understanding that the bushes were the property line and we did not own beyond that.

I say as much as you hate confrontation, you shouldn't be taken advantage of. You're paying taxes on that land and you have every right to it. Send a certified letter along with the survey results.

 

[cigarboo]

OK, I'm the OP and DH went to talk to the neighbor today... So it turns out he's a pastor and they are in financial trouble, so they have to sell the house. That's why they didn't spend the money to do the survey. They came from California where apparently, people don't get too ruffled about property lines. Anyways, he's hoping that we'll just agree that the fence now belong to us so that he doesn't have to move it. He said he can have his lawyer friend draw up some papers to say the fence is ours and he hopes we won't take the fence down.... How does that sound??? Would something like that work to protect my property line?

You DISers are the BEST!

 

[Belle4mygrl]

I am confused.

So, he knew he put the fence up on your property and was hoping your feathers wouldn't get ruffled?? I think the fence would be gone UNLESS the documents are very explicit.

 

[TinaLala]

Make him move it. My parents have the same problem, but it occurred with the previous owner and now that the neighbor's house has turned over the cost to have the property lines re-established is big bucks.

He should have had the land surveyed prior to putting up the fence in the first place - that's what a good neighbor would have done. If he sees no problem in putting the fence on your yard, whatelse is he going to do?

This is your land and whose to say that the new owners aren't going to 'assume' that the fence is theirs and take over your property line. Tell him to take down the fence. Give him 30 days to take it down or I think you can get an injunction demanding the fence come down.

 

[YellowMickeyPonchos]

I'd say that if he has a lawyer or better yet, you have your lawyer draw up the papers, and he maybe he sells the fence to you for a dollar, then you are perfectly fine - as long as you like the fence.

What a nice and slightly expensive present from him! I would then go and buy some bushes to plant in the 6 inches to 2 foot wide remaining property space to mark the rest of your property line! Just a few, so that you can string a straight line between them and mark it out!

 

[pixiewings71]

OK, I'm the OP and DH went to talk to the neighbor today... So it turns out he's a pastor and they are in financial trouble, so they have to sell the house. That's why they didn't spend the money to do the survey. They came from California where apparently, people don't get too ruffled about property lines. Anyways, he's hoping that we'll just agree that the fence now belong to us so that he doesn't have to move it. He said he can have his lawyer friend draw up some papers to say the fence is ours and he hopes we won't take the fence down.... How does that sound??? Would something like that work to protect my property line?

You DISers are the BEST!

HUH?? I'm IN CA and people are constantly ruffled about property lines! LOL He's pulling your chain by saying that. Trust me, no one but no one gets away with what he did in CA! LOL Sorry, I have no other advice but wanted to clear that misinformation up for you. Good luck!

 

[hereyago]

Time to whip out Mr. Chainsaw-lol.

Seriously, have his lawyer draw up papers for a fence that you didn't get a permit for kand possibly get you in trouble? Um,no.

 

[CRdisMom]

poession is 9/10th of the law. Do what you can to get it dixed. having it resolved before the house is sold is the best thing. good luck

 

[cigarboo]

I'd say that if he has a lawyer or better yet, you have your lawyer draw up the papers, and he maybe he sells the fence to you for a dollar, then you are perfectly fine - as long as you like the fence.

Sounds like good advice, but I'm just curious... What is the advantage of having him sell me the fence versus just giving it to me. Would that give me more protection down the line as far as my ability to do what I want with the fence in the future? I would have preferred the trees that used to line the property line, rather than the fence, but what's done is done, so I'll tolerate it as I understand his circumstance. However, now it's my problem to maintain it. If in 10-15 yrs the fence gets too old, I would like to retain my right to take it down.

 

[HGD24]

This still doesn't resolve the issue of the property line. If you keep the fence, part of your property is still on the other side of that fence and could become his or the new owner's property.

Also, do you really want to deal with the maintenance and upkeep of the fence? Wood fences rot and need to have boards replaced, chain fences can rust and have pieces that stick out where people and kids can get cut on them. I wouldn't want the liability and responsibility of owning the fence.


ETA - "could become"

 

[tlbwriter]

This still doesn't resolve the issue of the property line. If you keep the fence, part of your property is still on the other side of that fence and becomes his or the new owner's property.

Not necessarily. You are allowed to have a fence inside your property line - it doesn't mean you automatically cede the rest of your property. In this case, the land has been surveyed and it is staked. If the OP gets some permanent survey markers, and the new buyers are informed exactly where the property line is, it shouldn't be a problem - as long as the entire fence is on the OP's property. If it crosses the property line, it gets trickier, and I'd just have the whole thing torn down.

 

[w-family]

I actually practice real estate law, this is not a legal opinion, it is an observation, based on the state law of where I practice.
Some states have what is called adverse possession. Your neighbor can claim by having the fence up, and you having knowledge of it and not doing anything, that he has claim to that portion of land as his. It is a set period of time based on the general laws of your state. You should consult with an attorney because you need to send them a specific type of letter disputing the fence. Don't remove the fence - that is called self help and is usually not allowed in most states. Best of luck.

 

[rt2dz]

Not necessarily. You are allowed to have a fence inside your property line - it doesn't mean you automatically cede the rest of your property. In this case, the land has been surveyed and it is staked. If the OP gets some permanent survey markers, and the new buyers are informed exactly where the property line is, it shouldn't be a problem - as long as the entire fence is on the OP's property. If it crosses the property line, it gets trickier, and I'd just have the whole thing torn down.

Yes, but I'm assuming that the right side of the fence is connected to a backside and front side and they are in turn connected to the left side of the fence and the house putting the OP's property inside the fence. Why would someone just fence a side of their house? Bushes or not, the property will become part of the property of the neighbor's house. It would be impossible for the OP to maintain it.

Here, there is no set back line; fences go on the property line. Many neighbors share the upkeep of the fence. If one neighbor doesn't care and one does, it falls onto the one who cares to maintain it. Fences aren't required and you can't force someone to maintain it as long as it doesn't go against the HOA/POA covenants. That goes for costs too. Just the way the cookie crumbles.

OP--If I were you, despite the circumstances, I'd have the fence moved. If your neighbor put it up himself, he can move it himself--it's mostly just labor. You or your DH can offer to help if you'd like to be helpful. If he paid to have someone install it, he might be able to get them to move it, depending on the circumstances.

 

[cigarboo]

Yes, but I'm assuming that the right side of the fence is connected to a backside and front side and they are in turn connected to the left side of the fence and the house putting the OP's property inside the fence. Why would someone just fence a side of their house?

In this case, the fence is only 1 sided because the neighbor wanted to have some privacy between the back of his house and my driveway that runs along the back of his house. I agree, it's going to be a pain in the rear for me to deal with, but I'm also trying to be a "good" neighbor. Another house faces right into the back of his house.

The surveyer did put in two permanant stakes on either side of the fence marking the property line and my neighbor has a few trees in front of the fence(on his side) which more or less line the actual property line.

I really appreciate all of you chiming in on my little problem. It really helps in deciding what to do. Making him move the fence seems the cleanest way to go... but I just hate to be mean.

 

[YellowMickeyPonchos]

After reading some of the other advice, I change my position and agree. Removing the fence is the best thing.

What if the new neighbor decides to throw up a fence the connects to the existing one at 90 degrees? Then that new neighbor has sealed in the property line. It definitely needs to come down.

PS - the comment I made about the dollar was partially real advice. You know how sometimes things can't be gifted, due to taxes and such, but can be "sold"? I believe that this is often used in relation to things that pass between relatives. If it's sold, then there is an official sales contract. I remember hearing about people having to do that for legal reasons, and maybe someone could take that further and give us all more info.

 

[eclairemom]

Oh it's a privacy fence and it's all on your property. I'd have him put in in writing that it's yours and I would keep it. You never who will buy the place and you may wish you had it later.