A year later...another fence installation to deal with

[ERD50]

I suppose I could, as it is definitely a case of encroachment and trespassing.

Although I'd prefer to have the neighbors remove it, as it is their fence.

omni

I'd try to approach them in a way where you are not the 'bad guy/gal'. Just say that you are thinking of selling, and you don't want this to become an issue that might affect the sale. You just want it taken care of to keep things 'clean' for any sale.

If you don't really care where the fence is, maybe offer to them that they could buy x% of your lot, and pay to get new surveys done and registered with the county, making the the fence on their property. Probably cheaper/easier for them to move their fence. But at least you offer an alternative. They might see moving the fence as the lesser evil.

If they don't act before winter, I'd start taking action. Send them a note from a lawyer, with a date at which you will have it removed and pursue them for the charges. See if a mechanic's lien can be placed on their property if they don't pay up.

-ERD50

 

[omni550]

I'd try to approach them in a way where you are not the 'bad guy/gal'. Just say that you are thinking of selling, and you don't want this to become an issue that might affect the sale. You just want it taken care of to keep things 'clean' for any sale.

If you don't really care where the fence is, maybe offer to them that they could buy x% of your lot, and pay to get new surveys done and registered with the county, making the the fence on their property. Probably cheaper/easier for them to move their fence. But at least you offer an alternative. They might see moving the fence as the lesser evil.

If they don't act before winter, I'd start taking action. Send them a note from a lawyer, with a date at which you will have it removed and pursue them for the charges. See if a mechanic's lien can be placed on their property if they don't pay up.

-ERD50

Thanks, ERD.

Last year (with dealing the other neighbor who improperly installed his fence on my property), as part of my rationale in asking them to (re)move their fence I said "I may be selling soon and don't want an improperly located fence to cause any survey problems with that transaction." I noticed their immediate reaction was their ears perked-up and they said "You're selling?"...as though they had someone in mind they'd like to have move in next-door. They had zero concern about 'muddying' any survey of my property.

I need to get this new fence issue resolved soon as my plans were to leave for my winter stay in Florida in early November.

I prefer not to offer them the option of buying part of my lot, as I would end up with a very odd little stub of land adjoining their fenced-in area...plus the expenses and headache of getting new plat/survey paperwork drawn-up and filed.

Sure hope I don't need to get a lawyer involved.

Haven't heard anything from the building inspector yet.

omni

 

[Curmudgeon]

It doesn't sound like you need a lawyer, I think if they don't willingly move the fence you just need a hacksaw. Let them hire the lawyer if they want to put the fence back up.

 

[Music Lover]

It doesn't sound like you need a lawyer, I think if they don't willingly move the fence you just need a hacksaw. Let them hire the lawyer if they want to put the fence back up.

I'd be nice for a while and give them a chance to comply, but after a certain point you have to nip it in the bud. I'd say: "You have XX days to move your fence off my land or I'm cutting it down".

My last house had a patch of grass about 8 feet wide between my driveway and the neighbor's driveway. The property line was about a foot from the edge of his driveway, so 7 feet of the grass was my property. He had several vehicles and a trailer that he could never fit on his driveway so, he started parking on the grass and eventually crept all the way up to my driveway. I was about to ask him to stop wrecking my lawn when he approached me with what he thought was a good idea...he wanted to pave the area between our driveways so he had more room to park. And, he wanted me to pay half.

I told him, "Look, I'm moving in a few months (I really was), and the property line is right there (I showed him), so you really can't expect me to pay money so you can park on my land. And, just to make it clear for potential buyers, I'll be putting up a small fence so they know where the property line is."

The next weekend I put up a decorative small 3' fence just inside the property line. I sold my house 6 months later and he never spoke to me again from the day I put up the fence to the day I moved.

 

[Hermit]

I'd be nice for a while and give them a chance to comply, but after a certain point you have to nip it in the bud. I'd say: "You have XX days to move your fence off my land or I'm cutting it down".

My last house had a patch of grass about 8 feet wide between my driveway and the neighbor's driveway. The property line was about a foot from the edge of his driveway, so 7 feet of the grass was my property. He had several vehicles and a trailer that he could never fit on his driveway so, he started parking on the grass and eventually crept all the way up to my driveway. I was about to ask him to stop wrecking my lawn when he approached me with what he thought was a good idea...he wanted to pave the area between our driveways so he had more room to park. And, he wanted me to pay half.

I told him, "Look, I'm moving in a few months (I really was), and the property line is right there (I showed him), so you really can't expect me to pay money so you can park on my land. And, just to make it clear for potential buyers, I'll be putting up a small fence so they know where the property line is."

The next weekend I put up a decorative small 3' fence just inside the property line. I sold my house 6 months later and he never spoke to me again from the day I put up the fence to the day I moved.

I'm sure your previous neighbor would agree that your name should be Curmudgeon.

 

[travelover]

I am not at all surprised. Very few people are likely to say, oh sure, I'll move my fence, spend money, and lose land I think is mine. I have been through this crap, and generally people will not see the logic of anything that leads to them losing. And you have just fingered yourself as that person who sicced the government on him.

Ha

+1 In my experience, if you approach someone to point out that they are legally in the wrong, they will blow you off 99.9% of the time. If you instead just drop the dime on them to officials, they will say, "I just wish he would have approached me first, I'd have taken care of it". It is just human nature.

 

[dallas27]

Property law says if you dont contest or remove a fence, the property will become his eventually. Fix it.

 

[Jerry1]

I think you should stop waiting for the inspector, who, if I read correctly, has no legal authority in this matter anyway, and consult with an attorney. We can all give you our opinions, but advice should come from an attorney.

My opinion is that the legal letter should actually go to the company who pulled the permit and who installed the fence. The are the negligent party and they are the one who should incur the cost of moving the fence. Not to mention that they are clearly the most capable entity in this situation to be moving a fence. But again, that's my opinion. Go meet with an attorney. You already tried being nice to the neighbor and he blew you off. Time for next step and city inspector doesn't seem worth any time/effort from what I'm reading.

 

[Music Lover]

I'm sure your previous neighbor would agree that your name should be Curmudgeon.

The 7 feet that he wanted came from a 45 foot wide lot...I'm a good neighbor, but that's a little too much to ask for...

 

[omni550]

I never got a call from the inspector and was out of town for two days so I was starting to wonder what do do next.

I stopped by the township offices this afternoon. Luckily, the inspector was there. He said he'd stopped by earlier this week and took a look at the fence situation along with my survey. He agreed that the survey stakes were right where I (and the survey) said they were. He spoke with the neighbor and showed him everything (just like I had ) and told him he needs to get his fence moved -- either to the lot line or put on his own property.

The fence installer is scheduled to be out Monday, which, coincidentally, is my birthday. It would be a lovely gift to get this matter settled.

Now I'm trying to think of what might possibly be planted to hide the fence (and neighbor) from my view. It's an area of low-lying clay soil (in heavy rains it can get and stay muddy for a while). I prefer no-maintenance and good height --terminal height 4.5-6 ft. and density to hide the 4 ft. fence (and whatever crap he plans to lean against it on his side). I'd love tall decorative grasses, but am guessing they'd prefer dryer soil.

omni

 

[Walt34]

Now I'm trying to think of what might possibly be planted to hide the fence (and neighbor) from my view.

If it was my neighbor, I'd try to pick something with a bit of artistic feel to it, and perhaps an air of antiquity. You know, along the lines of a '67 Lincoln Continental up on cinder blocks.

 

[shortstop14]

Now I'm trying to think of what might possibly be planted to hide the fence (and neighbor) from my view. It's an area of low-lying clay soil (in heavy rains it can get and stay muddy for a while). I prefer no-maintenance and good height and density to hide the 4 ft. fence (and whatever crap he plans to lean against it on his side). I'd love tall decorative grasses, but am guessing they'd prefer dryer soil.

omni

Nice to get a resolution without a huge conflict. We've had good luck with a euonymus hedge on one fence line, it only took a few years for small plants to reach over six feet in height. This is in the Pacific Northwest, so pretty wet clay here. Less luck with blueberry bushes, they haven't really grown tall enough to obscure the fence, but we sure get a lot of blueberries every summer.

 

[foxfirev5]

A whole different ballgame on the waterfront. Give them an inch and they'll take mile. Defend your property lines and you will not lose in the long run.

 

[foxfirev5]

P.S. Inspector - Useless

 

[meierlde]

Surveys have not been required by mortgage companies for years now. I don't remember the exact year they stopped requiring them on all loans but 2000 would not be an unreasonable guess.

It may depend on the state when I sold a house in 2005 they asked if I had a recent survey (10 years) and said that otherwise it would have to be redone, so at least in Tx it is required. My sister is re-fing a house in NM and a survey will be required.

 

[Brat]

Why not contact someone at your State Extension office, find an expert in plants. You want something whose roots don't cause a problem for your neighbor else RoundUp there they go. As I recall there was some kind of utility easement in the area so you don't want something that will cause a problem with that either.

Maybe a nice decorative screen would be a better choice.

 

[pb4uski]

A whole different ballgame on the waterfront. Give them an inch and they'll take mile. Defend your property lines and you will not lose in the long run.

What part of left field is this waterfront comment coming from?

 

[Ronstar]

I wouldn't plant anything in the utility and drainage easement. Utility companies would not be responsible for replacing any plants that they destroy while installing/maintaining utilities in the easement. In addition, nothing can be placed in the easement that would restrict drainage.

 

[omni550]

I wouldn't plant anything in the utility and drainage easement. Utility companies would not be responsible for replacing any plants that they destroy while installing/maintaining utilities in the easement. In addition, nothing can be placed in the easement that would restrict drainage.

Walt34's suggestion of something along the lines of a '67 Lincoln Continental on cinder blocks might then be a valid consideration.

omni

 

[Ronstar]

Walt34's suggestion of something along the lines of a '67 Lincoln Continental on cinder blocks might then be a valid consideration.

omni

That would work nicely. Drainage will work because the car would be up on blocks allowing water to flow underneath. And utilities can be under it (or through it).

That said, the utility companies would probably want it moved out of the easement prior to beginning any work in the area. Just leave enough room to get back there with a truck or wrecker to move the Lincoln a little if/when you have to.

 

[audreyh1]

Bamboo?

 

[Bestwifeever]

Our fence and several shrubs and a couple of trees have run through the utility easement at the back of our property for 35-plus years and never been a problem. I’d risk planting something—worst case it gets cut down and you just replant.

 

[Jerry1]

We had Honeysuckle shrubs that grew very well in clay soil. The one's in the soil that dried out sooner in the season did better, but they all grew with no care on my part.

 

[Hermit]

Something that would climb on the neighbor's fence would be appropriate.

 

[aja8888]

The fence installer is scheduled to be out Monday, which, coincidentally, is my birthday. It would be a lovely gift to get this matter settled.

omni

Happy Birthday, Omni! Today happens for be my birthday also!

Good luck with the fence issue.