Fence/legal question

[agnes!]

It's more about being able to maintain the fence (trimming the weeds, mowing, etc.) and avoid unfortunate circumstances where a neighbor erects a structure that could infringe on another persons property, then causing a dispute. Which this fence has caused.

And right now, selling a house is hard enough, giving a buyer something else to nit pick (such as someone else's fence on your property) could cause a much needed deal to fall through!

but you are correct, disputes with your neighbors are never good. I plan on never getting to know my neighbors next time I move! They can be such PITA's! ha ha.

Sounds good to me, I just hate confrontation & have gotten long with the overwhelming majority of my neighbors over the years.

agnes!

 

[imamicki2]

I work for the building department in our town and I do the permits. Our town's ordinance says a fence can be on the property line. AND it is not up to us to survey your property, it is your responsibility to know your property lines. So before you go to the town hoping for their help, they may not be able to. When we get calls with complaints, we have to tell them it is a civil matter and it is between neighbors to resolve. I would definately tell them to fix this now before it becomes a bigger problem.

 

[2BigKIdz]

It is my understanding and I may be wrong......but if the fence is partially on your side, it can affect your property line when selling. I would simply tell him it needs to be moved. If they put up a fight, call the city.

It will be a big deal if you decide to sell. We went through this when selling my MIL's property and it was a huge hassel over a tiny speck of property, taking care of it now is definitely in your best interest.

 

[lovesmurfs]

all the holes should be minimum 6inches to 1 foot on THEIR side of property

We've had 2 fences installed in our backyard, and both times we had to provide our official property survey, and both companies indicated the post needed to be 1 foot from the property line.

 

[TnTsParty]

I don't have any answers but just want to add my fence/neighbor story. We have owned this house since 1994 and at that time we put up a fence approx. 6 inches inside the property line. Fast forward to 2004 and 2005 and 3 hurricanes took a toll on that 10 year old fence. The fence was history but the posts were still standing (well most of them) Next thing we know the neighbor who rents out both units on the property is putting up a fence - with OUR fence posts - on OUR property. The best part is his wife put a "note" in our mailbox that asked for $200 for putting up the fence - needless to say I never responded to her. I am not going to pay someone to put up their fence on my property with my posts - but I didn't tell them to take it down either because there needs to be a fence there and that fence is better then no fence (oh and I don't plan on selling any time soon so that isn't a big concern of mine - the fence will probably be blown away again by time I even think of selling!!)

OP - good luck with your fence problems

 

[MAKmom]

If you do not have him move it it becomes his property.

 

[Deb & Bill]

You might look to see if you can find the iron rods on the property corners to check where the property line actually is.

 

[agnes!]

Oh, I *know* where the rods are at pretty much all the corners of my property & I even showed the one in question to the fence-guys. They either didn't understand me or refused to understand me when I *showed* them (and they seemed to acknowledge that fact) where the rod at that corner is.

People here don't need permits for fences, but these particular neighbors had a fence-survey done complete with stakes all around the perimeter of their lot along the property-lines, I just don't understand why the fence-guys ignored that.

The new neighbors called me a little after 9, wanting some kind of answer (Hubby was at work until about 10). I finally called them back, told them I wanted to look at it in the daylight and that I couldn't get a hold of hubby. When he finally got home, we went out to look at it. He sees it pretty much the same way I do. Our inclination is to ask the neighbors to move the posts and the post-holes and the concrete over on their property.

I hate possibly not getting along with folks, I really do, but people sometimes....my mom has a lake-place and a neighbor put an outdoor privy on her lot as well as a fence, ignoring all the surveys, AND this guy cut down all sorts of trees as well. Then this bozo wanted to buy the lot that he had basically ruined.

agnes!
PS - Is it really sensible to pour concrete when it's this cold(30s, 40s) anyway?

 

[chisnpeke]

I don't have any answers but just want to add my fence/neighbor story. We have owned this house since 1994 and at that time we put up a fence approx. 6 inches inside the property line. Fast forward to 2004 and 2005 and 3 hurricanes took a toll on that 10 year old fence. The fence was history but the posts were still standing (well most of them) Next thing we know the neighbor who rents out both units on the property is putting up a fence - with OUR fence posts - on OUR property. The best part is his wife put a "note" in our mailbox that asked for $200 for putting up the fence - needless to say I never responded to her. I am not going to pay someone to put up their fence on my property with my posts - but I didn't tell them to take it down either because there needs to be a fence there and that fence is better then no fence (oh and I don't plan on selling any time soon so that isn't a big concern of mine - the fence will probably be blown away again by time I even think of selling!!)

OP - good luck with your fence problems

How rude! I can't believe she actually wanted YOU to pay!

 

[Green Tea]

Get the work stopped before it goes farther. Call the sheriff if necessary to make sure they don't continue.

If it goes up, eventually the land just transfers to them, essentially, at least in some areas. It affects title to the property, and will cause nothing but problems. Don't worry if they think you are mean. It's your land, not a bag of Doritos.

 

[John VN]

If you do not have him move it it becomes his property.

ADVERSE POSSESSION http://en.wikipedia.org/wiki/Adverse_possession

Have the fence company move the posts, PERIOD!

 

[marlasmom]

Our neighbor in NH put up a fence but to continue in a straight line meant taking down a beautiful tree. We told them to go around the tree on our land. Not a big deal and I enjoyed the tree.

Here in Florida our fence (put up by the previous owner) is on the property line - our neighbors' fences are as well. I really don't see if it's just a few inches for a post what the big deal is. I guess that's the issue - are they taking 6 inches or a foot all along the line?

 

[PattnFmly]

I would worry even more about the presumptive nature that appears to be your new neighbors! I too, as PP's have stated, would been mortified if I was "stealing" land from my neighbor and would have the fence people move the stuff immediately. The fact that the neighbors are even asking if it's ok is a bad sign in my mind. Why would they think it's ok? It's not their land, period. We get along great with our neighbors and we let them park beside our driveway in the winter (when cars have to be off the street in a snowstorm) even though it's only 2 feet of their property and the rest is ours. But they ask every single year and help to shovel out the whole area. I hope your neighbors aren't going to be trouble in other ways!

 

[aprilgail2]

The best part is his wife put a "note" in our mailbox that asked for $200 for putting up the fence - needless to say I never responded to her. I am not going to pay someone to put up their fence on my property with my posts - but I didn't tell them to take it down either because there needs to be a fence there and that fence is better then no fence (oh and I don't plan on selling any time soon so that isn't a big concern of mine - the fence will probably be blown away again by time I even think of selling!!)

OP - good luck with your fence problems

It is VERY common here for each neighbor to pay half- BUT it is arranged in advance, not with just a note in a mailbox! You are not required to pay half even if they ask here but not many people do not split the cost of a common fence when asked. We had a foreclosed house next door to us at one point and we needed a new fence so that one we just put up on our own but the other 2 sides we split with the backyard neighbor and the other side neighbor.

 

[agnes!]

New Neighbor came by this morning, DH & I went out and looked at the entire fence-/property-line. New Neighbor agreed that the fenceholes and the corner post were on our property and asked what we wanted done. Dh said we'd like the post moved and we were willing to defray the cost. New Neighbor agreed to have the workmen move the fence.

Today? So far, so good - the fence-guys are back, I hear them digging. (They're not using post-hole diggers, much less any kind of power equipment.) I'm not going out to take a look until they leave. There's a huge truck out on the street off-loading a couple of big pallets of fence-timbers.

Looks like everything might work out.

Oh, I forgot to mention one other thing, the reason New Neighbors are so keen on fencing in their back-yard?
They have some kind of little terrier and you know how they like to dig.
And bark.


agnes!

 

[manning]

Another solution. If that fence is on your property, it becomes your fence. If they refuse to do anything, you have the right to tear it down.

I would approach it like this:

Look joe the fence, this fence is on our property and we have the right to remove it. This would result in you having to put a new one up on your property at additional expense. Since the contractor made a mistake it more than likely will be cheaper for you to have them correct the error.

Another approach would to also inform the contractor that if he doesn't correct it he may face legal action by you. He may not care, but it does put him on notice and maybe he may not want to get into a legal hassle and will correct it.

I noticed that you mentioned you showed the one rod to the contractor. Did you locate the other rod at the opposite end of the fence. I only ask because I had a situation like this years ago. The neighbor was putting up his fence and it wandered onto my property. (actually the first post was a foot on my property and I made him move it. Later I noticed the fence wander. He wasn't too bright.) Where it started was on his property. What he failed to do was locate the other marker and sight down it. I got a couple of stakes, put them in at the markers and attached a string as a guide.

 

[happygirl]

I think you have to them moved. If you give them a inch they will take a mile.

 

[Laugh O. Grams]

If you do not have him move it it becomes his property.

How is that possible?

I bought a house a few years ago and the neighbor's fence, going left to right across the property, was about 3 feet on my backyard. Before I moved in, the surveyors marked my land that was covered by her fence (about 180 square feet). I went over to my new neighbor's house, introduced myself and asked her to move it off my property. She agreed and it was done by the weekend, no muss, no fuss.

Is it possible that she had a legal right to say that regardless of what the survey said, that that 180 sq. ft. of my property was hers because she put a fence across it?

Another solution. If that fence is on your property, it becomes your fence. If they refuse to do anything, you have the right to tear it down.

This certainly makes a lot more sense to me, but I'm no expert on the subject.

 

[lorax123]

sounds like you reached an outcome that makes you happy! Good news! And no one hates each other, even better!

 

[momrek06]

New Neighbor came by this morning, DH & I went out and looked at the entire fence-/property-line. New Neighbor agreed that the fenceholes and the corner post were on our property and asked what we wanted done. Dh said we'd like the post moved and we were willing to defray the cost. New Neighbor agreed to have the workmen move the fence.

Today? So far, so good - the fence-guys are back, I hear them digging. (They're not using post-hole diggers, much less any kind of power equipment.) I'm not going out to take a look until they leave. There's a huge truck out on the street off-loading a couple of big pallets of fence-timbers.

Looks like everything might work out.

Oh, I forgot to mention one other thing, the reason New Neighbors are so keen on fencing in their back-yard?
They have some kind of little terrier and you know how they like to dig.
And bark.


agnes!

Oh good, agnes!!!! In MA you have to be 1 foot INTO your property before putting the fence up. We had fencing put in and the fence company (and we had allot of estimates) said to make sure we get a SURVEY...well DH is a civil engineer and a land surveyor so he just took his orange paint and sprayed the entire lawn where the line was....the fence co was thrilled. That made it so easy for THEM!!! But being Land Surveyors (in our family) we have seen over and over again incidents like this and basically the town does not help you at all. This is between you and your fence company and your abutters....so whoever said call the Sheriff...

We've had 2 fences installed in our backyard, and both times we had to provide our official property survey, and both companies indicated the post needed to be 1 foot from the property line.

I work for the building department in our town and I do the permits. Our town's ordinance says a fence can be on the property line. AND it is not up to us to survey your property, it is your responsibility to know your property lines. So before you go to the town hoping for their help, they may not be able to. When we get calls with complaints, we have to tell them it is a civil matter and it is between neighbors to resolve. I would definately tell them to fix this now before it becomes a bigger problem.

On that note, I will say all cities/towns/counties/states all have various laws regarding LAND. As in this case, I have read that some towns allow the fence to be RIGHT ON the LINE others allow SIX inches from the LINE and others allow ONE FOOT from the LINE!!!