neighbor's fence partially on my property

[Malcom "Mal" Reynolds]

at this point since he pointed out the "error" to the neighbor and the neighbor acknowledged the error, it's the neighbors problem

[Malcom "Mal" Reynolds]

in this litigious age, I would ask your insurance agent if there are any legal ramifications to this encroachment. ie, someone hurts themselves on the neighbors fence, but it's in your yard, who is responsible?

[Ashton Crusher]

I think you would be on shaky legal grounds. From what you said you knew when it was being built that it was on your property yet you let them build it there. A court could rule that you effectively gave them an easement by doing nothing to stop it when you could have. Not knowing how the court might rule I'd not be cutting up someone's fence. Why can't you just line your extension up with their fence? Is it a concern that part will be on their property? If so, you and your neighbor can just give each other a written easement for the others fence. I don't recall the specifics but I'm pretty sure I've seen something in the legal documents when I bought my house and it was about how the fence was built straddling the property lines of something or other about it to cover this issue.

[Ashton Crusher]

I see it as sort of teh opposite. He knew of the problem and failed to take any action, not even a simple handwritten note telling the neighbor or contractor "Hey, your about to build in my property - DON'T!". So I think it's Don's problem now. His lack of action when he had the opportunity implied acceptance. Sort of like the supposed rule of traffic accidents, the person who had the last real chance to avoid the accident may be found liable even if it was the other guy violating the traffic law.

[Ashton Crusher]

the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.

I've never heard of that "ordinance" . If I'm building a fence I'm certainly not going to put the good side for my neighbor to enjoy while I look at the bad side. But I'm out in the west. Knowing how the eastern states tend to be Nanny states I would not be at all surprised if such a silly ordinance existed back east.

If there is such a law then shouldn't there be a law that requires you to build your house in a style and color that satisfy's your neighbors taste? After all, they have to look at your house too. Should they get to approve your shingles? If you park your cars near the property line should you be required to park the best looking car on the side closest to their property?

reposition it to be totally on their property. It could cause serious issues later on if you or they decide to sell.

fences? My town allows the fence to be right on the property line, but many municipalities don't.

out the property line and they still encroached upon your property, apparently without any further discussion. How did the property line discussion go when you brought it up?

[EXT]

Is this fence a one sided fence with posts on one side and finished surface on the other? In many regions one is required to place the posts on the owners property and have the finished side facing the neighbor's side on the property line. If a dispute is involved the person with the posts is deemed the owner. Two sided fences where both sides are finished are often built straddling on the property line and the costs shared by both property owners. If one builds a fence at his own cost it is normally built on their own land, that way they have full control over it. My fences are built about

2" inside my property line so I own them fully.

You may want to contact your local authorities as fencing is a constant source of disputes that they have to police, they will provide the rules and regulations that cover fencing in your area. You may find that you own the fence your neighbor built, but get a ruling first.

[Ashton Crusher]

That would slightly change my prior response since you did raise the issue with them. That said, I think you would still lose if this goes to court. There is only the most trivial of harm to you from what's happened and it seems like the issue with your fence could have been easily fixed at the time it was built had the contractor cared how it was going to line up - apparently he didn't or he would have spotted it before putting up your fence. In this kind of civil dispute there's a good chance the court is not going to focus on technicalities of the law, otherwise they would order a fence moved even if encroached even a sixteenth of an inch over the property line. The court is more likely to look at what an equitably/fair solution would be after hearing from all parties. If I were the judge knowing what I know at this point I'd not be likely to order the fence moved. But another person as judge, god only knows what someone else might decide. I'm having a hard time picturing how/why your fence was not able to line up with this one.

[Higgs Boson]

Everybody is having a cow over inches. It seems to me that the real issue is that the "good" side is facing the ne ighbor. How complicated would it be to have the fence re-finished such tha t both sides are "good". That was done without my asking many years ago; t he contractor put up a double-sided fence.

Could you look into this, friendly-like, with the neighbor, and if absolute ly necessary, put up a share of the cost?

None of this is to denigrate the usefulness of having a correct survey, cop y in the bank.

HTH

HB

[Unquestionably Confused]

+1

Methinks that you can turn this into a very expensive battle for your neighbor and it won't cost you much as the building/zoning department will take the lead on it. I'm also guessing he did this without a permit - said permitting inspection would have prevented this in the first place.

Maybe the best thing to do is sit down with him before the situation deteriorates and talk this over and let him know - in a polite way what could happen if the issues aren't resolved between the two of you in some fashion.

Suggest that you also consider that while you most likely can win this "battle," you could also precipitate a long running war.

As to the property encroachment... that is a sticky wicket - depending upon your state, allowing that fence to remain in place for a certain length of time with or without permission or even your knowledge can result in the neighbor owning that tiny strip of land by what is known as "adverse possession."

You may not care but the person who buys your property in ten or twenty years may and/or use that loss to beat you down on the price of your property.

[Ralph Mowery]

Some people want the 'good' side facing out so their house will look beter from the road. There are all kinds of housing rules and regulations in some areas. Historic districs can tell you what color to paint your house and even which bushes to plant. That is why I have asked bout that in any area that I have bought a house. The only rules where I buy a house apply to the whole county.

[chaniarts]

the fence with the bad side facing your property. Unless you've got some strange fence ordinances where you live, the standard rules call for the good side to face the neighbors.

isn't that called an hoa?

[DerbyDad03]

I guess this is one of those cases of "just because you never heard of it doesn't mean it doesn't exist."

I quote directly from my town's Town Code document:

(5) The most finished side of a fence must face the adjoining property.

No, no and no.

...Snip...

[Kurt Ullman]

So what happens if your fence guy just lines things up with this fence? Do you lose a lot of your yard? Do you encroach on a third neighbors yard?

[Don Wiss]

I notified the architect last week, as soon as I knew about the problem. The architect designed the fence. No response. We are talking a couple months since the fence went up. No way does that imply acceptance. I have now notified the contractor. No response. I really doubt the owner has any idea that the fence is partly on my property. All was handled by the architect and contractor.

Remember they started to put it 2 3/4" on my property. I stopped them and told them to fix it. My assuming they would do as I ask does not imply acceptance.

Don.

(e-mail link at home page bottom).

[bud--]

If a neighbor builds a fence 2 feet onto my property and uses the land for a specified time I can loose it through "adverse possession". (Probably not relevant for you.)

-------------------------- I used to believe in surveyors. One of the reasons I lost my faith is a survey of a small warehouse where both of the long dimensions were about

6' off to the west. One of the lot lines went through a loading dock.

------------------------- I think very accurate surveys can be done by placing a 'device' at a know location, like a USGS survey point, and using GPS. The 'device' broadcasts error signals between the GPS location and the actual location. But then is the base survey as accurate?

[TomR]

I didn't read all of the rest of the posts since this is a long thread. So, maybe someone else already expressed this, but..., the building codes in your area usually specify where a fence can go etc. It usually includes something baout which way the "good" side of the fence must face (usually on the outside. facing you). And, it usually specifies which side of the line the fence should go on and whether the fence can or cannot be mechanically attached to another existing fence.

I tried looking at the onien eCodes but New York and Brooklyn Borough don't seem to be published online:

.

Good luck.

[Don Wiss]

I have only said hello over the fence before they moved in. Do realize I live is a rowhouse neighborhood. He is on another block. The blocks being parallel we would never meet on the street. His Japanese wife is really into privacy. She won't go out into the backyard (except to replace the absorbent sheet at the bottom of the doggy chalet). She has installed blackout shades on every window.

I brought it up with the workmen. They did not disagree. But the reason they were first trying to put is 2 3/4" over is to get all of the wood on my side of the telephone pole. The reason they didn't put it fully on their property, is they wanted to get all of the heading piece on my side of the pole.

Don.

(e-mail link at home page bottom).

[Don Wiss]

Unlikely. The back wall is fully integrated into the side fence. The fence would still have two 4x4s that are behind my next door neighbor's property.

Don.

(e-mail link at home page bottom).

[Don Wiss]

NO. I stopped them from putting it 2 3/4" over and told them to not put any of it on my property. I showed them where the line is.

Don.

(e-mail link at home page bottom).

[Don Wiss]

Correct. The posts are on my side. His side is totally blank.

Don.

(e-mail link at home page bottom).