Fence/legal question

[agnes!]

Okay, all you legal and fence experts out there, i have had a situation come up rather suddenly this afternoon/evening and need some advice.

New neighbor had a fence survey done. I have no problem with that, it's nice they want to put up a new fence, they seem like nice folks too.

So their fencing people were here today. I TOLD them that the corner post-hole was over the line. The boss came over and agreed and told them to re-dig the hole on their side.

Went out a while ago and the hole is over the line and their concrete footer is on my side of the property and it looks like some of the other post-holes are over the line as well.

Is this right? I mean, I am one of the easiest people to get along with, I really don't like to make waves.

So I called the fence-company(really, it is a bricklaying company who apparently does fences on the side) and told him that a large part of the hole was on my side of the line, and so was a large chunk of the concrete-footer. He said I needed to talk to the County (about what, I do not know) and hung up on me.

So, I called a neighbor who used to work in construction and asked him what to do - he was interested (since he borders the new neighbor's lot on the other side) and said he'd coe over to take a look at it.

So, I go out there with my flashlight (dark by now) and there's my construction neighbor AND the new neighbors have shown up as well.

So, there was some discussion, I told the new neighbors that their fence-guy had hung up on me and also what the issue was. We discussed it a little bit and the new neighbor says "Well, what do you want me to do about it" (not in a completely snarky tone, sort of matter-of-fact) and I said well, I'd have to talk to my husband and we'd get back to him.

Turns out new neighbor goes to work at 4am in downtown DC, so we really have to get back to the new neighbors tonight AND DH is stuck at a client's.

I mean, am I completely out of line? These people paid for a fence-survey and their fence-guy seems to want to play around with the property-line. And I don't have the biggest lot in the world, but it's MINE. It's *mine*. I would NEVER allow some one who was working for me to dig a HOLE that impinged onto someone else's property. I would be mortified, and tell the company to MOVE THEIR post-holes or they wouldn't be coming back and they wouldn't be getting any more money from me.

So...
can someone dig post-holes onto someone else's property, even if the rest of the fence will be on the fence-holder's property?

These people haven't even moved in yet.

agnes!

 

[DawnCt1]

You need to tell him that the fence must be moved to his side of the line. No part of that fence should be on your property. If he fails to move it, you need to file a complaint with the town. This isn't a matter of being a "nice person". Even if you don't care, it may impact the transfer of your property when you decide to sell.

 

[Handbag Lady]

"what do you want me to do about it?"


Answer him very simply: have the fence people move the post holes.

It is a big deal as it would seem to assume they are taking part of your property.

 

[agnes!]

I was so non-plussed by how calm they were about it that all I could think to say was that I had to talk to my husband.

I dunno, I try to be so careful about other people's stuff (treat mine not so well sometimes) and grew up in the country. We ALWAYS asked permission before we'd even think of crossing someone else's land on our horses on a trail-ride, much less putting a fence.

Sure, it's no big deal to *them*, but I bet it would be if the situation were reversed!

agnes!

 

[luvdzne]

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.

 

[Loverly]

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

 

[RitaZ.]

The holes and the fence should be within their property. I would have told them right then and there that you want the work that was done removed off your property. I'm sure that your DH will agree with you.

 

[Guy Incognito]

they need to move it if it's on your side, period.... and don't let 'em complain about it costing more to re-do it....



had a neighbor behind us put up a fence last spring..... saw the spray paint marking the various buried lines of utilities.... then one weekend, I noticed my internet connection was out.... picked up the phone.... no dial tone walked outside and found that the idiot fence company planted a post right through the orange paint marking the phone line.... took a week to get the phone company out there to fix it. After he reconnected it, he got the name/number of the fence company and advised they would be getting the bill for the work

 

[trip]

Not sure if I am following correctly..

So will the fence itself run on the property line? It's the cement for the post that is in your yard? Whenever we've put up fences they were right on the line. If the fence isn't on the line but 6-12 inches in, then they would have to come onto your property to mow those few inches.

 

[Laurabearz]

I would have them move it.

Keep us posted (sorry for the pun, couldnt help it)

 

[SeeVee]

Sounds like you are talking about inches or real estate. I'm not sure I'd develop hostile relations with my neighbors over mere inches.

As a matter of fact, I had the same thing when part of my neighbor's fence took up about 2 square feet of property on the north west corner of my lot. BFD! I lived happily next to them for 15 years until I sold the house this past summer.

Disputes like this tend to get our of hand really really quick and make for some miserable living. I let it go and I am glad that I did.

 

[PrincessKitty1]

Thew fence guy knows he's in the wrong--that's why he hung up on you.

The posts and the footers and the fence need to be on your neighbor's property, not yours. Period. You can politely tell them that they need to have the fence guy move everything over. This will prevent any future problems with property lines when you sell.

 

[manning]

Sounds like you are talking about inches or real estate. I'm not sure I'd develop hostile relations with my neighbors over mere inches.

As a matter of fact, I had the same thing when part of my neighbor's fence took up about 2 square feet of property on the north west corner of my lot. BFD! I lived happily next to them for 15 years until I sold the house this past summer.

Disputes like this tend to get our of hand really really quick and make for some miserable living. I let it go and I am glad that I did.

This could cause problems when time to sell. It happened to my in-laws when they bought a home. The neighbor had encroached the property and all sorts of paperwork had to be done before the seller could offer clear title. It wasn't by much. I think the seller had to lower the price. My in-laws had the right to walk away from the purchase without penalty if they wanted to according to their attorney.

Also in our town the fence has to be 3 inches off the property line, so in a way the first one to put up a fence loses 3 inches. I don't think the neighbor would put one up creating a no mans land.

 

[lorax123]

I'm very interested in how this turns out.

Have you talked to your local township supervisor? Most townships have a requirement regarding permits, the distance from the property line, etc...

Some townships don't. Ours enacted an ordinace after too many complaints. Now you need a permit ($50) but it must be 2 feet off the property line.

Hopefully your township does! Your township would certainly get involved in the dispute and help you out.

TBH: the property owner NEEDS to take responsibility if the fence is on your side of the property. He authorized and OK'd the work. Just because he paid someone else to do the job, does not take the responsibility off of his hands.

Not that I'm advising being hostile, it's your property and you would treat your neighbor with courtesy and respect, he should treat you in the same manner. Trying to annex your property is not very respectful!!!

 

[camlace]

I agree with a previous poster...most local laws require a fence to be at least 6" off the property line (actual distance may vary) in order for the owner of the fence to "maintain" the side of the fence that faces your property.

Check with your local building dept for the rules regarding setback in your area. At the very least no part of the fence should be on your property.

 

[trip]

Our city requires a permit and allows fences on property lines. Can you check your city codes online?

 

[CajunDixie]

Did the neighbors have to get a building permit to install the fence? In our county its the department that issues the permit that can go back out after the installation and if it's across property lines they pay a fine and may be ordered to correct the problem.

Do you belong to an addition or have a home owner's association? They too may have rules regarding fences. I know our lake association in some areas requires all fences be only so many inches high so as to not block the view of the lake.

 

[SeeVee]

I agree with a previous poster...most local laws require a fence to be at least 6" off the property line (actual distance may vary) in order for the owner of the fence to "maintain" the side of the fence that faces your property.
Check with your local building dept for the rules regarding setback in your area. At the very least no part of the fence should be on your property.

What is the difference? If the neighbor puts the fence 6 inches inside the line, then didnt he "give" the property to you just as if putting it 6 inches on your property gave him your real estate?

If someone buying my house was going crazy over a couple of inches of real estate, chances are the whole deal would be a PITA.

Living next to neighors that are in dispute makes life miserable, miserable, miserable.

 

[Pumbaa_]

i agree, have the fence company correct their error. you didn't do anything wrong! It is not your fault. They need to correct their error and place the fence along the correct line

it is their fence, it needs to be installed correctly

good luck!

 

[lorax123]

What is the difference? If the neighbor puts the fence 6 inches inside the line, then didnt he "give" the property to you just as if putting it 6 inches on your property gave him your real estate?

If someone buying my house was going crazy over a couple of inches of real estate, chances are the whole deal would be a PITA.

Living next to neighors that are in dispute makes life miserable, miserable, miserable.

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.