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Neighbor's Fence

Posted By Message

patti08
Happy

Member since 5/05

3893 total posts

Name:
Patti

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.

Posted 10/3/05 5:43 PM
 
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Diane
Hope is Contagious....catch it

Member since 5/05

30683 total posts

Name:
D

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.

Posted 10/3/05 5:45 PM
 

mrsmck
Be a big girl!

Member since 5/05

4898 total posts

Name:
Donna

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.

Posted 10/3/05 5:54 PM
 

CookiePuss
Cake from Outer Space!

Member since 5/05

14021 total posts

Name:

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.

Posted 10/3/05 6:04 PM
 

DjPiLL

Member since 5/05

3664 total posts

Name:
Richard

Re: Neighbor's Fence

Posted by shamrock12472

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.





So are you saying that if my knucklehead neighbor decides to install his fence three feet onto my property... and I don't notice this... after a bunch of years it then becomes his property?

Thats pretty wild.

Posted 10/3/05 6:21 PM
 

MrsERod
Praying for Everyone.

Member since 5/05

26170 total posts

Name:
MrsERod™®

Re: Neighbor's Fence

Posted by DjPiLL

Posted by shamrock12472

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.





So are you saying that if my knucklehead neighbor decides to install his fence three feet onto my property... and I don't notice this... after a bunch of years it then becomes his property?

Thats pretty wild.




Yep. doesn't that $UCK ROYAL AZZ!!!!! Chat Icon

Posted 10/3/05 6:50 PM
 

Bugaboo
Relax!

Member since 5/05

2133 total posts

Name:

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.

Posted 10/3/05 7:30 PM
 

MommyofG
just the girls

Member since 5/05

9461 total posts

Name:
Janice

Re: Neighbor's Fence

Posted by DjPiLL

Posted by shamrock12472

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.





So are you saying that if my knucklehead neighbor decides to install his fence three feet onto my property... and I don't notice this... after a bunch of years it then becomes his property?

Thats pretty wild.

YES this is TRUE!!!! So all new homeowners check out your survey!!!!

Posted 10/3/05 7:40 PM
 

dengal
Dad of Twins

Member since 5/05

1385 total posts

Name:
The 80's Man
Let's Go Mets!

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.

Posted 10/3/05 8:47 PM
 

LAMGAJ28
.

Member since 10/05

6039 total posts

Name:

Re: Neighbor's Fence

Posted by shamrock12472

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.



This is true. Since you move in and bought this new home, you have 10 years in order to claim your property in the event that someone is taking any of your property.
I will introduce myself first. Then, on another instance, I will tell them that you and your husband are doing landscaping work and notice on the plans how they property is extended. You then can go from there....
Good luck!

Posted 10/5/05 9:55 AM
 

MrsJ
I love my Katie Bug

Member since 5/05

11357 total posts

Name:
Kathy

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.

Posted 10/5/05 9:59 AM
 

Tah-wee-ZAH
Kisses

Member since 5/05

15952 total posts

Name:

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.

Posted 10/5/05 10:07 AM
 

patti08
Happy

Member since 5/05

3893 total posts

Name:
Patti

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.

Posted 10/5/05 11:09 AM
 

dengal
Dad of Twins

Member since 5/05

1385 total posts

Name:
The 80's Man
Let's Go Mets!

Re: Neighbor's Fence

Posted by patti08

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.



I agree with you on this - it's your land. If it were me, I'd want to reclaim the land. Feel out the neighbor next week and go from there.

Posted 10/5/05 12:14 PM
 

Ambersmom
Straight up nasty

Member since 5/05

7740 total posts

Name:
Sharon

Re: Neighbor's Fence

Posted by Tah-wee-ZAH

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



It's true...I wish I had my R.E. book with me so I could tell you the technical term..but I believe it's after 10 years..

Posted 10/5/05 1:56 PM
 

Florence
LIF Infant

Member since 5/05

220 total posts

Name:
Florence

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.

Posted 10/5/05 2:03 PM
 

oneday
<3

Member since 5/05

4319 total posts

Name:
Pam

Re: Neighbor's Fence

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

Posted 10/5/05 2:44 PM
 

DjPiLL

Member since 5/05

3664 total posts

Name:
Richard

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.

Posted 10/5/05 3:50 PM
 

patti08
Happy

Member since 5/05

3893 total posts

Name:
Patti

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.

Posted 10/5/05 4:15 PM
 

Janice
Sweet Jessie Quinn

Member since 5/05

27567 total posts

Name:
Janice

Re: Neighbor's Fence

wow very interesting. keep us posted

Posted 10/5/05 4:38 PM
 

Erica
LIF Adult

Member since 5/05

11767 total posts

Name:

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

Posted 10/5/05 6:10 PM
 
 

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