Fence line

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I am going to be installing a new wooden privacy fence. I will be adhering to all local codes concerning height, building materials, etc. I am on a corner lot. I have to neighbors, one on the long side, and one on a short side. The long side neighbor is a great guy, we have discussed fence and he will tear down his delapidated chain link fence and even though we ae installing the fence more on my side of the line now, he has no problem with that. However the short side neighbor goes out of his way to be unpleasant about everything. His fence (a ratty, crappy chainlink) (which is about a foot inside his property line) will remain and then I will install my fence about a foot inside my property line. The big question is who maintains the middle? There will be about a 2 foot strip, lined with a fence on both sides. Too narrow for a lawnmower, etc. Spray periodically with grass, weed killer? Weed eater? Thanks. Perry bentcajungirl
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On Sun, 29 Jun 2003 09:24:15 -0500, "bentcajungirl"

why not move the fence in a little further? just enough to get the lawnmower through. at least it will get mowed. no matter who does it you both benefit from it being mowed. can you spell snakes? maybe you and he can split the responsibility of lawn care. if you leave the strip too narrow to mow it will grow up cause nobody will want todeal with it and that will look bad and lower property values for all. just mho. george

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Perry,
How big is your lawn mower? A two foot strip is 24 inches (I know, duh..) and my 22 inch cut lawn mower (I just measured) is 23 inches at its widest point. If the two foot is just a guestimate and your lawn mower won't fit, then I suggest a good weedeater every week or so, maybe even longer.
Maury Wylie, TX

adhering
he
with
unpleasant
fence
the
weed
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adhering
a
short
and he

with
unpleasant
a
fence
the
weed
Putting a fence on a property line is not always a good idea, especially in a situation where your neighbor may not be too neighborly. A second survey can require you to move it, you will not have any access to the other side for maintenance (which would also be a problem with just one foot between fences). It also may not comply with local codes that often require a setback from the property line.
--
Joseph E. Meehan

26 + 6 = 1 It's Irish Math
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on
problem
about
maintains
both
grass,
especially
other
require
this is Turtle.
Joseph , here in Louisiana You can put a fence any where on your property you want it as long as nothing hang over or touches the vertical plan of the property line. You leave one inch of land where the right to access laws takes over. It you need to inter you land by way of nabor you have the right , but You have to give him 24 hour notice before entering. This is Louisiana laws and other state may very. He can't stop you from getting to that 1 inch of land. You send him a registered letter and then call the law over to be there when you want to paint it or fix the fence. He can not stop you from going to that 1 inch of land.
TURTLE
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Joseph Meehan wrote:

Why would it negate the first survey?

It's plain stupid to have two fences with a space between them that neither one or the other or both wants to maintain. That is why around here (for the most part) neighbors use a common fence on the property line. I know that varies thru-out the country.
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Because surveyers are not always right. A small error can put it on the wrong side.
--
Joseph E. Meehan

26 + 6 = 1 It's Irish Math
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It happens. And it is likely to happen when, as in this case, one neighbor may not like the fence.
--
Joseph E. Meehan

26 + 6 = 1 It's Irish Math
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Perry, find the metal survey stakes and run a line then put the fence just a couple of inches inside the line on your side. Then hang the fence with the ugly side facing his property. I know if possible the good looking side goes toward the neighbor, unless there is another fence hampering your insulation. Then forget the trimming, let grouch take care of it. If you hang pressure treated or cypress there will be no maintenance required for many years depending of course where you live. Muff

on
problem
about
maintains
both
grass,
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On Sun, 29 Jun 2003 14:45:26 GMT, "Joseph Meehan"

PLEASE don't post this kind of crap!
Or provide references.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
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wrote:

Not crap.
It's called adverse posession. Commonly called squatter's rights. It varies by state as to what constitutes "posession" and the time period required, but generally an "open and notorious" uses of land by a non-owner can result in ownership interest. Open and notorious means it has to be obvious, and the true owner has to not object. Something as simple as a No Trespassing sign negates adverse posession, since it's a stated objection to occupation and use.

http://www.lectlaw.com/files/lat06.htm http://www.buyersresource.com/Glossary/ADVERSE_POSSESSION.html
And specific to Massachussetts:
http://www.dls.state.ma.us/PUBL/CT/1997/CT1097.PDF
Jeff
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wrote:

First, cite the specific ordinance for her jurisdiction (hey you started the "Post References" battle...). It may not exist, and in the five local jurisidictions I have first-hand knowledge of, the setback requirement doesn't exist. Second, setback requirement or not, adverse possession can still take place.

Understand that 'notorious' is a legal term. It is defined as an action which by its very commitment announces itself. And if you cut your neighbor's grass, and he doesn't argue, and he doesn't use the property himself, then yes, you may have an ownership claim under adverse possession. Note also that adverse posession doesn't give you ownership, it provides you with a claim that you can go to court in an effort to exercise.

Your argument never referred to fence setbacks, and the statement which you argued as "crap" didn't refer to fence setbacks either. Case law may not make a difference in any of these references, and the only applicable statute reference is within the jurisdiction of the claimant. I have no idea where that is, so I'm unable to provide specific cites. I'll be happy to do the research and provide the specific citations, provided you choose to put me on retainer.

Thought you might have needed it.

8 pages is "large"? You may want to forego study of the law. To narrow it, quoting from Page 2, top of the first column:
"Q: A taxpayer visited the assessors office and claimed ownership through adverse possession of a vacant parcel abutting his property. What evidence must be presented to permit the assessors to change their assessment records?"
"A: Adverse possession means that title to real property has been acquired by the undisturbed use of the property that is actual, open, notorious, exclusive, and adverse to the owner for a period of at least twenty years. If the parcel is registered land, no title by adverse possession may be gained (M.G.L. Ch.185 Sec.53). M.G.L. Ch.260 Sec.31 also provides, as a general matter, that the Commonwealth and its political subdivisions may not lose land or interests in land if the real property comes within any of the following very broad categories: conservation, open space, parks, recreation, water protection, wildlife protection or held for other public purpose. See in this regard the Supreme Judicial Court decision of Town of Sandwich v. Quirk, 409 Mass. 380 (1991). Evidence of adverse possession may include payment of real estate taxes, residing on the land, improving the land and fencing it. An individual desiring to establish title by adverse possession must bring a court action in the Supreme Judicial Court, Superior Court or Land Court as set forth in M.G.L. Ch.240 Sec.6. Usually, these civil actions are brought in Land Court. By definition, any title to real property acquired by adverse possession is not of record. Generally, the assessors must assess real property to the owner of record as appearing in the Registry of Deeds and the Registry of Probate. In the absence of a court decree establishing title by adverse possession, the assessors should not change their assessment records."
Again, the statement you referred to as "crap" was:
"In some (many?) areas if you leave a section of your land unattended for a long period of time and if your neighbor takes over care of that land, they can under certain conditions take position (sic) of that land."
There is nothing about fence setbacks. "Fence offsets" has no legal definition in terms of zoning codes, so you're unlikely to find that term in any statutes.
You make a lot of general statements, then back those up with assumptions and twists to the original statements. I can't argue that by fencing her property a foot inside her property line the original poster will lose her land, and don't pretend to support that opinion. Even though possible, it would rank as highly unlikely given the general description provided. But I can provide you with the references you requested, and I can refute your statement that the reply posted wasn't "crap" but rather has a basis in law.
But I'll never change your opinion to the contrary.

So far so good. Hope yours is the same.
Jeff
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wrote:

Please read the above.

But the subject of the discussion was INDEED a fence setback. We were discussing a portion of neighbor A's yard...that is actually on neighbor B's side of neighbor A's fence. Neighbor A has not abandoned that property...he's still payin' taxes on it. And Neighbor B has not attempted to take possession of it. He's simply cutting the grass that grows there.

I agree. And if you think I can acquire my neighbors property across the street simply by cutting his grass, well...this discussion is ended! lol
Once last comment...
Conversely, Neighbor B will not be giving up rights to HIS property either...when he puts up the privacy fence.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
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wrote:

land,
This is Turtle.
awwwww Trent she lives in Louisiana where they do have home steader laws and you can take possions of a piece of land if you put a house / camp / or building up and go down to the court house and file a unknow land owner claim and wait 7+ years and take possion of it. You have to pay the taxes on it and have it fenced off and keep a building up on it bigger than 20' X 20' for the 7 years. the timber company will not let you put up a fence or building nowhere on their land at all. hey will give you 30 days to move it or they bull dozer it.
Now in the city , land lines. this is not legal. They only take the servey and fences make no difference. If they live outside a city limits it may take effect.
Trent have you read the Home Stead laws in Louisiana lately. i have and i had a camp on a lake near here and I fenced in 3 acres and I really own 1 acre. It was fenced in for 15 years and I paid the takes on it. The servey included the 3 acres servey and the real 1 acre land area and I have been paing the taxes for 15 years on the 3 acres. The Timber company found out about the 3 acres but it was too late to do anything about it. I filed unknow owner on the other 2 acres. It's mine now.
Trent here is your proof and if the Girl lives in a city limits. She is fine for any fence to be put up. Now if she live out side a city she can take his land if the fence stays there 7+ years and she files on it.
Come on down to Allen Parish , Louisiana and go to the court house and they have some good reading material down there on Home Steader Laws. It could be all crap but I really just go along with them down there at the court house.
TURTLE
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TURTLE wrote:

Damn, you have funny laws but then I suppose it is associated with Napleonic law. I've heard of Texas and fencing property to take it over too. Sure doesn't work out west. Lots of desert property and forests where no fences or buildings have ever existed. If you built a building on the land, the owner would just take it and say thanks, no matter how long you had it fenced and used it. Or if you complained he might just shoot you (only in novels). The only thing that counts is the survey, and if someone built a fence in the wrong place, it's just tough. We sold a property in 1990 which had been bought in 1939, but fenced before that. The new property owner had the land survey and found that the property line was actually 10 feet into the next door neighbor, so they moved the fence. The neighbor had lived there for at least 15 years.
Seriously, what do they do in down there so you can pay taxes on someone else's 2 acres? Where we live, you receive a notification for each parcel of property. There is no way someone could pay the taxes on a specific part or amount of a property, so there is no way someone else can pay the taxes unless they pay the total and the owner cannot pay taxes on part of the property, the bill is for the total. Here the assessor would just say thanks for the extra money from you because the original owner would still be paying the taxes.
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wrote:

attended
that
and
taxes on

20'
it
servey
i
1
servey
been
out
fine
his
they
could be

house.
This is Turtle.
Louisiana has some crazy laws going back Years with a double S . The law is what is called the unknown land owner laws when the French owned the land and sold Louisiana to the US. The home, fence and the filling of the unknown land owner law will get you the land. this camp was out in the middle of nowhere and they probley never seen it in the 15 years or come to look to see who had their land fenced off and filed on.
The is another old Louisiana law that is call expectation law. If you expected a pot, horse, or wagon to last a certain time. You would expect the horse to last 7 years or the pot to last 15 years and the wagon to last 15 years. If it failed or fell a part before that time. You come and got that person to replace or fix it. This law is still on the books of Louisiana and like a window air conditioner you buy and you expect it to last 10 years or so. If it fails in that time. The Expectation law can make them come fix it up to the expected time of it to last. It has not been used but it is on the Louisiana state Law books and can be used if you want to.
TURTLE
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Most local ordinances don't allow a fence to be installed exactly on a property line.
The OP needs to check with his local licensing agency. In most areas, a permit is required for this kind of work.
Have a nice week...
Trent
Help keep down the world population...have your partner spayed or neutered.
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"Trent" wrote:

"Most local ordinances"? "Most areas require a fencing permit for residential fences??" Most - where? How can you generalize about an entire country?
Have you ever considered actually having some experience and knowledge of a subject prior to shooting off your mouth? I see in other threads you seem to have a problem with this.
The only correct reply you gave was for the OP to check with the locals. Other than that you don't know what you're talking about. For the "most" part...
-- TJ
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On Sun, 29 Jun 2003 15:25:05 -0500, "bentcajungirl"

Put down a weed block or landscaper's fabric (half dozen sheets of newspaper thick works fine too) then mulch, or put down stone.
Jeff
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I have a swath of land between my fence and the neighbors fence but I can get a push mower in there to clean it up from time to time.
My neighbors are great people. No problems between us. Local laws dictate that a fence be set back from the property line.
If I couldn't get a mower in between I bet a weed wacker would do the job.
I was tempted to plant some shrubs in the empty space between the fences and forget about it.
Steve
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