Building a fence and neighorly relations

[samclem]

I'll be putting up a fence in a couple of months. Our neigbor on one side has a fence several feet inside the property line (it is at the top of a small hill which slopes down to my house). I'd like to just have my fence go from my house to his fence. This would effectively cut him off from about 3 feet of his property on the side. I don't think he'll mind: it's not being used for anything, and it is a PITA to mow due to to the slope (I'd mow if he agrees to let me put the fence up).

Any ideas/experience with matters like this? Would you see the need for a formal contract? I don't want to own the property or anything, I just want to put up this fence to enclose my back yard. Right now I'm planning to talk to him about it, and if he's agreeable I'll draft up a short letter of understanding explaining that he's not ceding the property, that I'll take down the portion of the fence on his property upon his request, etc.

Thanks in advance for any ideas

Note: The preceding is not a request for legal advice, and any opinions/general information offered will not be construed as a formal legal opinion or worth anything more than what I paid for it.

 

[thefed]

IMHO, A CONTRACT WOULD BE GOOD, SIGNED BY BOTH PARTIES WITH A WITNESS.

As long as he's an okay guy, it would be no problem. If not, you might be putting up your OWN fence on that part of the property

 

[astromeria]

I wouldn't build a fence on my neighbor's property, or at least I'd make that section separate and easily removable in case he wants to sell some time. I'd stop the legal 3' short and plant a nice shrub or tree in the space (check with them to find out what they'd like and if it's OK). I recently planted a bush partly onto my neighbor's property to hide some utlity pipes, and they're groovy with it.

 

[Martha]

He says he is ok with it, you have that letter of understanding so he is comfortable you are not trying to get ownership through adverse possession, I don't see the big deal. Otherwise you have the odd situation of a three foot strip between two fences. A waste. All part of being good neighbors.