neighbor built over my property line

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Another amateur lawyer at work...

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glenn P wrote:

Did you just wake up after a 3 week nap? Goedjn may be an amateur lawyer, but you are a professional idiot.
Among your gems:
"> >>But basically, for anyone else reading this, if you put up a fence inside

Kindly explain how if someone puts up a fence inside a property line, on their own property, they should be "at least partly liable." As Goedjn pointed out, this is BS as they are 100% liable.

So, you're telling us I couldn't come to your area and find a fence that one property owner paid for and put up 4" inside his own property line? Suppose I have a pool and want to enclose my back yard. Does that mean that unless the neighbor is willing to pay for half of it and put it exactly on the line, that I can't just put one 4" inside on my own property? Or suppose the other lot is undeveloped woods and the owner doesn't want anything to do with a fence? Or I send letters to the owner of the undeveloped lot, who lives in some other state and I get no reply? What would a reasonable person do then? Put the fence slightly inside their own property where they are free to do what they want, or put up a shared fence because you say that's how it has to be?

Controlling a fence means that if I put it slightly within my property line, I have conrol of it, within the limits of any local codes. That means I can decide myself, with no negotiation, what kind of fence I want. That means if it gets damaged, I fix it. I don't have to try to get the neighbor to agree to paying half or trying to collect later, when he changes his mind. Or, if I decide 20 years later that I want to replace it, I can replace it with whatever I damn well please. I don't have to go next door and try to negotiate with some clueless buffoon like you.

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Finding the keyboard operational Patches Forever entered:

I recently talked to a lawyer friend about this topic. This is what I learned with the following caveats: 1. this is in NJ. Your state and local laws may not be the same. 2. this was a casual conversation, not legal advice. In fact my friend would not represent me because he would rather have me as a friend then a client.
I wouldn't make an issue of this even if it were 6" by a mile. Just because of the aggravation of maintaning it. In my neighborhood everyone cuts their lawn up to the neighbors driveway ( one the one side) because it just makes the lawn look neater. We also shovel each others snow if needed. Telling your neighbor that you will take him to court if he doesn't cut the sidewalk back is just asking for trouble IMO. Everyone here ties their fence into their neighbors fence because it is cheaper and easier. According to my friend this may be considered as an "accepted practice" and be perfectly legal. Same as the fence issue. Since the realtor and the buyer have both looked at the property, it is their responsibility to bring the matter up. Since the walk encroaches on the property line, it's the buyers problem. You might want to tell the realtor just to be nice. Title insurance only checks to see if there is a lein on the property, not that the property bounderies are exact. If zoning laws have changed, they may or may not check them. You will only get a plat from the city for your lot when you buy. If you want a survey as a buyer, you pay for it. I seem to remember that the plat from the city has a notice that it may not be accurate and does not take the place of a survey. Good luck trying to find the survey stakes. Mine doen't exist. Finally, it is very difficult, if not impossible, to obtain property via adverse possesion if the property owner is paying the taxes. If the propery is not being cited for lack of maintenance, it's not necessarily eligible for adverse possesion even if you cut the grass. Just so you know, this conversation came about in regards to a railroad siding that is abandoned and will never be used behind my property. The conversation moved to my neighbors driveway, my driveway and the fences. Based on the conditions and the legal expenses, that 6" may be high on the lists of the most expensive real estate on the planet. Hope this helps Bob
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