Neighbor's Fence

We have begun to diagram our landscaping plans so I photo copied our survey to sketch on.

I just realized that a neighbor's white vinal fence is on our property, over 1 1/2 feet across the line. We have a double lot and it's along 1/2 of the back end of the property.

What would you do?

I called the village and the town and they said to discuss it with the neighbor or a lawyer.

We've never met them. So I'd prefer not to start out on such a sour note but I don't know what else to do.

Message edited 10/3/2005 5:44:26 PM.

Re: Neighbor's Fence

We realized the same thing happened to us. Luckily we are on an acre of property, so we decided to leave it be. It wasnt worth the hassle.
That is entirely up to you.

Re: Neighbor's Fence

Maybe show then the survey and say in a nice way that you're doing some new landscaping and just happen to notice that they're on your property. If you come out w/guns blazing, then it might turn ugly.

It happend w/a friend of ours. His neighbor's fence is on his property. He offered to put up a new fence for them at his own expense, and they said no. He offered them $$, still no. So now lawyers are involved and it's a mess. They're doing petty things to him all in spite.

Re: Neighbor's Fence

There is actually a law that states that after a certain amount of time, that property becomes theirs. A lot will depend on your original survey and how long the fence has been up.

Re: Neighbor's Fence

Re: Neighbor's Fence

Re: Neighbor's Fence

When we bought our house the fence around the backyard should've extended on all sides a foot or two. This was discovered when the property was surveyed. So before we closed, the neighbors on all sides had to sign an affadavit that the foot or two behind the fence on their side was our land. I think if you don't "claim" it's your land or do anything about it, it becomes your neighbors after I think 10 years.

Re: Neighbor's Fence

Re: Neighbor's Fence

I would discuss it with your neighbor first. Show him the survey and see what you two can work out on your own - before getting the village/town involved. That's when things start to get ugly.

Re: Neighbor's Fence

Re: Neighbor's Fence

Look at your survey and their survey and make sure there is no easement.

If there isn't, I would tell them they need to move it.

Re: Neighbor's Fence

This is good to know! I had no idea that it can just become their land after a certain amount of time.

Re: Neighbor's Fence

Thanks for all the input. We are having trees removed and pruned next week near the fence so I think a good way to meet them is to go around the block and ring the bell to let them know it's happening. They have small children so I think it's a courteous thing to do (to let them know) and a good way to meet.

We are going to speak with our lawyer next week and find out exactly what we need to do, and what the specific legal issues are.

I spoke to my father about it and he said, you have a double lot and plenty of room, is a fence that's a foot and a half over the line worth potential problems with a neighbor? My opinion is that's over 75 square feet so I'm not sure. We're going to see what the lawyer has to say.

Re: Neighbor's Fence

Re: Neighbor's Fence

Re: Neighbor's Fence

Let's say they remove the fence and don't replace it. How would that effect you? I'm sure they don't know of the problem, because who would pay to put a fence on someone's property. If I was in your neigbor's position I would remove the fence (because it's on your property) and I wouldn't replace it because of $$$. I just wanted to give you a different spin on the situation.

Message edited 10/5/2005 2:04:33 PM.

Re: Neighbor's Fence

I believe it's called Adverse Possession. Here's a link to some info on it...Adverse Possession

Re: Neighbor's Fence

I asked my attorney this and he said this happens occasionally. He said all this info will be on the Survey inspection and he will advise me on it when he gets a copy of the survey.

We'll see i guess. I am very curious about this.

Re: Neighbor's Fence

OK I spoke to my lawyer. He said to speak to them and ask if it's our fence or theirs.

If ours we can do whatever we want with it. (bye bye ugly poluting vinyl)

If theirs they need to move it. (If we want them to which we do.)

The property that's on their side of the fence (that is on my side of the property line) would become theirs after 11 years as per my attorney.

Based on sattellite photos the house wasn't there 4 years ago, so we are well within the time line.

I'll speak to them soon so I'll keep you all posted.

Message edited 10/5/2005 4:16:44 PM.

Re: Neighbor's Fence

wow very interesting. keep us posted

Re: Neighbor's Fence

I'm interested to know how it works out...what a difficult situation...and awful way to meet your neighbors...

hopefully they have no idea and they will have a lawyer examine the survey and you won't have any issues!!


and if they are not paying property taxes on it...can they claim it...I would think they are not paying taxes on it...


good luck...makes me feel lucky I only have one neighbor