Problem with a neighbor

[CorCentral]

Pics?

 

[dartworth]

Originally posted by: eos

Originally posted by: dartworth

Originally posted by: eos
My neighbor directly behind built a fence last year before we bought our place and now has asked me to treat our side of it at our cost and labor.

We're still considering our move, but the g/f is adamant we do it no questions asked...

I'd tell that guy to get bent...but you have to look at the fence...::shrug::

The whole thread reinforces the same opinion, but I also would like to keep things civil like the OP tried for sure.

I can understand that...however, it should be the homeowners responsibility to maintain there own property...

I guess that just makes to much sense and people are always looking for a freebie. I really don't know where these types of people come from or how they were raised. My neighbor included.:|

 

[Jeff7]

He says, hey, our agreement wasn't on paper.

Yeah, but the poles are set in stone.


You could always lie to the old couple, and say you moved them. They'll be so thrilled, and amazed that you did such a good job, that you might get another Diet Coke.

 

[Zenmervolt]

Originally posted by: wyvrn

Originally posted by: spherrod
Isn't 1 neighbour solely responsible for the fence? Think that's how it works in UK but not entirely sure.

Well it sits on the property line. Generally. both neighbors will work it out and split the costs since they both get the benefits. At least that is what civil people do.

That's interesting. That sort of thing wasn't legal where I grew up (medium-large town in Ohio). A fence had to be completely on one person's property, it couldn't straddle a property line.

ZV

 

[wyvrn]

Originally posted by: Zenmervolt

Originally posted by: wyvrn

Originally posted by: spherrod
Isn't 1 neighbour solely responsible for the fence? Think that's how it works in UK but not entirely sure.

Well it sits on the property line. Generally. both neighbors will work it out and split the costs since they both get the benefits. At least that is what civil people do.

That's interesting. That sort of thing wasn't legal where I grew up (medium-large town in Ohio). A fence had to be completely on one person's property, it couldn't straddle a property line.

ZV

You are right, technically we all think it is on mine. But not by much. Generally we have always just treated it as a shared expense until this time. But now I will have to enforce my property rights which is, well, just sad. A great relationship down the toilet over a stinking line of timber.

 

[BoomerD]

As I posted earlier, in Kahleeforneeya, it's common for a fence to straddle the property line, and be considered "community property," owned by the people on both sides. When a fence needs to be replaced, it's the responsibility of both parties to pay their share, but also, each party has to pay for any damages they do to the fence. Often, it's nearly impossible to get reimbursment from your neighbor, so off to small claims court you go...Fortunately, much of this is written into the property deed's CC&R's, which eliminates a lot of the argument, and gives you leverage in court. You of course, have to prove that the fence needed repair/replacement, and get bids from licenced contractors, (but you are allowed to do it yourself, IF it's agreeable to both parties)

 

[d33pt]

Originally posted by: child of wonder
Buy them a watch with the engraving:

"Each tick brings you one step closer to death."

with his luck they'll prob live to be 110.

 

[wyvrn]

See update in OP. I have a plan

 

[JulesMaximus]

Why move them 8" on your side? Put them exactly where they should be. You're just screwing yourself if you do otherwise.

 

[BoomerD]

The correct answer to your update will depend on a LOT of things...
Since the fence was fully on their property, is it considered their property, or is it jointly owned? (see your property deed for that answer)
IF it's their property, you could be setting yourself up to be sued for taking the fence down without their permission (should be in writing, not verbal)
If you put one up on your property, you COULD be responsible for putting one back up on THEIR property if the original fence is considered to be theirs.

Way too many things for us to give you an accurate answer about. City/local ordinances, your property deed, any CC&R's on that deed, etc...
You MIGHT want to talk to a lawyer before you get too far...

 

[dirtboy]

Originally posted by: wyvrn
I filed for my permit to build the fence. It is required by the city. I intend to pay in full for the fence and place it on my property, that way they have no claim.

Good.

I took my survey, and measured my property line. The current placement of the poles is 6" on their side.

Hopefully your survey will agree if the city/county/professional does it.

I am going to rip them out and replant them a full 8" on my side to be in the clear.

No need to be extreme.

I also am posting no trespassing signs while I am out there.

No need to be a jerk and fuel the fire.

Their old fence panels are currently laying on my property. I am thinking of moving them over to their side. Should I do this, or just dispose of them? I think I should leave them in their yard and let them worry about it. If they try and say I took down the old fence which was technically in their yard, my defense is that the fence is falling down (which it is) and that it presented a hazard. I simply pulled it down and left it in their yard.

I would not dispose of these boards as they might want them back. Why not just leave them in your yard for a bit and see if the neighbors complain about it. Perhaps even set them between your houses so if they want them back, they can fetch them quite easily.

Whatever you do, make sure the new fence is on your property. Also, make it so the boards face your side, so you get the nice side of the fence.

 

[grohl]

I was laughing and cursing the whole time I read your original post.

I am no pro but am currently in the middle of my own fence project and with a couple of other ones I have done its nearly 400-500 linear feet of 8 foot fence, you can do the math on the poles. To be within 2 inches of where you want the pole to be AND keeping it level AND in a straight line is a job well done. What a bunch of old losers. Kudos to you for all of your hard work and for doing what sounds like a good job. God, taking poles out of the ground in concrete is the worst part of the whole story. Good luck to you.

 

[dartworth]

I had my survey done today. It seems my fence is running into my neighbors property about half way down. It appears that the line is perfectly parallel to the driveway...I did talk to the building department today for my city and I can put the fence right at the property line.

So I guess I am going to take it all down and redo it and place it right on the line.

He recently sunk a 6" x 6" post right outside my dining room window for a gate that will go across his driveway. It is about 12" on my side of the line. He is going to remove it it, or I will

A few inches of his driveway at the the front is on my property too. I'm not sure how I am going to pursue this one:evil:

 

[Icepick]

Originally posted by: dartworth
I had my survey done today. It seems my fence is running into my neighbors property about half way down. It appears that the line is perfectly parallel to the driveway...I did talk to the building department today for my city and I can put the fence right at the property line.

So I guess I am going to take it all down and redo it and place it right on the line.

He recently sunk a 6" x 6" post right outside my dining room window for a gate that will go across his driveway. It is about 12" on my side of the line. He is going to remove it it, or I will

A few inches of his driveway at the the front is on my property too. I'm not sure how I am going to pursue this one:evil:

There might be nothing you can do about the driveway. Around here there's a law on the books that states that property that has been developed or maintained by an individual for (I think) 15 years becomes their property. If that driveway has been there for a while then he might have legally extended his property line.

 

[teddyv]

LoL - adverse possession is different everywhere but generally it is 21 years, has to be "open and notorious possession" with the knowledge of the offended party, resets when the property is transferred, and must be claimed in an Adverse possession claim before the appropriate court.

Personally I would rebuild the new fence a few inches inside my property line (after checking with the permit department of your town to make sure local ordinances allow it). Can you determine where the old fence was? If possible, carefully note where it was in relation to your property line. Also carefullynote all the conversations you've had with them with quotes if you can remember them. Ask your neighbors if they want the old fence panels, no need to try and get them all riled up.

 

[GuitarDaddy]

It's a sad state of affairs when simple property line issues become so complicated.

I see alot of double fences around these days, where the neigbors can't agree to share a common fence so they each have a fence on their side of the property line creating a nice little area between the fences to collect trash and provide a haven for rats

 

[GuitarDaddy]

Originally posted by: dirtboy

Also, make it so the boards face your side, so you get the nice side of the fence.

IMO there is a trade off here between appearance and security. If the boards face your side, the fence can be easily climbed from the other side making entrance into your yard easy from all directions. I prefer to put the boards out making it much harder to climb in, and I always grow shrubs on the fence line so the appearance aspect doesn't mean much to me.

 

[wyvrn]

Originally posted by: BoomerD
The correct answer to your update will depend on a LOT of things...
Since the fence was fully on their property, is it considered their property, or is it jointly owned? (see your property deed for that answer)
IF it's their property, you could be setting yourself up to be sued for taking the fence down without their permission (should be in writing, not verbal)
If you put one up on your property, you COULD be responsible for putting one back up on THEIR property if the original fence is considered to be theirs.

Way too many things for us to give you an accurate answer about. City/local ordinances, your property deed, any CC&R's on that deed, etc...
You MIGHT want to talk to a lawyer before you get too far...

There isn't anything in the deeds. The city has 3 levels of approvals on the permit. I passed all three this afternoon. Both the engineer and the property line person approved my placement and my survey. I gave myself a couple of extra inches just to be sure. The couple of inches won't matter to me but they will ensure they cannot touch my fence. I'm good there.

For the old fence, I had every right to pull it down. First, they agreed to let me. I have witnesses to this. Second, the fence had fallen over into MY yard. The poles had been eaten by ants and had rotted out. Several times, we had to pick the fence up and brace it with wood/poles to keep it from falling over. So technically it was in my yard, and it was becoming a safety issue, hence why we both agreed to replace it. I'm not worried. And for the record, I am going to move the materials to their side of the yard. It is up to them to dispose of it. They will get upset, but I don't care. I'm not paying to remove it.

 

[dartworth]

Originally posted by: Icepick

Originally posted by: dartworth
I had my survey done today. It seems my fence is running into my neighbors property about half way down. It appears that the line is perfectly parallel to the driveway...I did talk to the building department today for my city and I can put the fence right at the property line.

So I guess I am going to take it all down and redo it and place it right on the line.

He recently sunk a 6" x 6" post right outside my dining room window for a gate that will go across his driveway. It is about 12" on my side of the line. He is going to remove it it, or I will

A few inches of his driveway at the the front is on my property too. I'm not sure how I am going to pursue this one:evil:

There might be nothing you can do about the driveway. Around here there's a law on the books that states that property that has been developed or maintained by an individual for (I think) 15 years becomes their property. If that driveway has been there for a while then he might have legally extended his property line.

Yeah, that is what I was figuring myself.

I really don't plan on pursuing the driveway situation. I have to admit though...

The look on his face when he saw the pink marking paint and pin pounded into the corner of his driveway was priceless:thumbsup:

 

[CorCentral]

.......as for what color to paint the fence....... Pink w/black polka dots w/Red nude girl silhouettes prancing around **LMAO**

 

[Chaotic42]

I give this a 10/10. This is the best rant I've ever seen and I'm serious. I hope this works out for the best for you. Don't paint anything obscene over there on their side, but I hear that glow in the dark paint is nice...

 

[Pacfanweb]

You don't have a hair on your ass if you don't paint a huge picture of "Eddie" from Iron Maiden on their side of the fence.

 

[grrl]

Originally posted by: ch33zw1z
If it was their fence in the first place, you should've told them to take "your portion" and shove it.

 

[Kelemvor]

Definitely the right choice to put the fence on your own property. Far better to have one owner than two. But make sure you put the "pretty" side of the fence facing out if your local ordinances require that. That's how it is here. So the cross pieces have to be facing into your own yard...

 

[d33pt]

I dunno, sounds like you did exactly what they wanted you to do. their yard is a few inches bigger and they got a free fence. Not a bad deal I think. Oh well, if you are happy with it, then that's fine.