another neighbor problem (redux)

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Some of you may remember this thread from a few months ago. If not here is the link to the original thread.
http://groups.google.com/group/alt.home.repair/browse_frm/thread/e41178b 4fd799329/c0118ca39694be2a?tvc=1&hl=en#c0118ca39694be2a
Not much has changed between us other than he has put up a fence between us only and not on the other side of his property. There is still a permit from the city attached to his garage showing he hasn't had it inspected by the city. The fence is made of sectional pieces and looks like crap since there is no smooth topline across the top. It looks like he did his best to make it somewhat level but since the ground isn't level there are gaps at the bottom and jagged edge at the top.
I am sure he is not finished since the nails he used to hold the fence up are not driven all the way flush with the wood. The problem is the nailheads stick out 1/2 inch towards my yard and are a hazard as far as I'm concerned. I have children that play in the yard and one of them is a three-year-old. So far no one has been hurt by these nailheads but I think they are dangerous.
Since this neighbor hates my guts and won't talk to me what do you suggest I do about this potential hazard?
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Is this fence on his claim or your purchased property line, what is your states minimum time for an adverse possession claim, how long has he lived there, you may have lost the land already unless you know all the facts.
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He gets to do what he wants on his property. If you don't like his fence build your own on your property.
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On Mon, 4 Sep 2006 12:05:41 -0400, "badgolferman"

Move, plant bushes to keep your kids away from the border, build your own fence, see a psychotherapist. Choose any two.
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Two pieces of advice:
1. You can't control other people. Banty's Life Fact of Life #1: Other people are not required to act in your interests.
So, do what you *can* control, which is on the line of bushes, your own fence, etc.
2. You can make a shorter link:
http://makeashorterlink.com/index.php
Banty
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I would do one of these things (probably the second) -- (1) Call the city and see if there any codes for fences. If so, ask to have it inspected for danger to your children -- but be prepared for still more unpleasantness since you say your neighbor already hates you. (2) Build your own fence back-to-back to his fence. Make sure it is on your own property, and have the "nice" side facing you. Incidentally, I had a cedar fence (all four sides) installed in my backyard, and my yard also has a number of uneven areas. In addition, there is a considerable slope. However, the fence looks nice and is completely straight across the top. The man who built is strung a line of cord at the height he wanted, then cut any boards that would be too high (cutting the bottom edge). He also placed a sort of "kick plate" along the bottom edge to hide any "rough" areas.
MaryL
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Many communities require the good side of the fence to face the neighbors.

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JJ wrote in message ...

neighbors.
Really. I've never heard that, though I have heard of good neighbor fences where the boards, etc. are facing one way and then another on each alternate plank.
Cheri
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"Cheri" <gserviceatinreachdotcom> wrote in message

For instance, the city of Milwaukee (600,000 pop) requires the "good" side to face out.
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JJ wrote in message ...

side
Learn something new everyday. Thanks for the info.
Cheri
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JJ wrote:

Same where I live, and fences require building permits.
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"Cheri" <gserviceatinreachdotcom> wrote in

Same here. The good side has to face the neighbor. The fence has to be 2 to 4 inches inside the property line of whoever puts up the fence.
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Even one directly facing an existing fence?
This might be one for a property lawyer.
If it were me, I'd plant bushes and be done with the fence/property issues.
Banty
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JJ says...

The trouble with planting bushes is that the OP described a concern that his children (including a 3-year-old) could be injured on the nails that protrude on "their" side of the fence. It takes a considerable amount of time for bushes to grow to the height and "shrubbiness" to keep children completely away from a fence. It can also be just as costly to buy shrubs of the type needed for camouflage as it would cost to build a fence to line up with the existing fence.
MaryL
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On Tue, 5 Sep 2006 17:47:27 -0500, "MaryL"

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I'd hammer the protruding nails down (bending them down) and proceed with the bushes. There are a lot of things in nature which stick out from stuff; I don't think after simple measures to bend them down they'd be particularly hazardous.
Banty
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JJ says...

If the fence is on the neighbor's land, can you legally bend down the nails? For example, in some jurisdictions you could cut limbs from a tree that extended over your property but could not cut any portion that is on the "other" person's land. The OP talked about bad relationship, so I wonder how far his neighbor would be willing to go if the fence is tampered with (thinking about lawsuit here). Yes, I'm "stretching" a bit because this would be done for safety, but it sounds like there are already some pretty unpleasant reactions. Incidentally, if the OP *does* take steps simply to eliminate the sharp ends, would it work better to simply cut off the sharp ends?
MaryL
MaryL
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MaryL, 9/6/2006,6:04:11 AM, wrote:

These are nailheads, not the tips. The fence is not finished but hasn't been worked on in months. It looks to me like he put up the privacy fence sectional pieces with the intention of possibly taking them down again or possibly adjusting them again. Each eight-foot sectional piece is being held up by only four nails that have not been driven in completely.
If some of you remember the bad blood began between us when I mowed over a dead bush on the edge of his property that prevented me from getting behind a bunch of other bushes. I made the mistake and tried to make up for it but he wouldn't accept any of my amends or the replacement bush I bought. It died from neglect. So since I created the problem by touching something on his land I don't think it would help if I started banging the nailheads in and starting the whole thing over. Leaving a note for him is useless since he hasn't responded to any other notes I left for him. Calling the inspector is a possibility but the building permit is still visible so it doesn't look like he's finished. I have considered taking pictures of the nailheads with blood dripping from them and mailing it to him with a hospital bill or something like that but that would be just completely wrong. My last option is to walk up to his door and tell him directly, but I can visualize his response if he ever answers the door.
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Okay, thanks. I was picturing the nailheads on *his* side (not yours). You did say nailheads in your original message, but I didn't pick up on that. Oddly, doesn't this mean that he stood on your property while building the fence (unless I am still misunderstanding)?

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Make it simple call the inspector, make the nails and injuries your points.
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