neighbor's fence partially on my property

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On 6/24/2013 3:19 PM, Ashton Crusher wrote:

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...
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wrote:

Good. Stay there; we don't want to look at a crappy fence. Laws like that exist in many communities.

In some historical areas, yes, colors have to be approved.

Its the right thing to do!
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There is no ordinance in NYC about which way a fence faces. Etiquette is you face the good side out. For my side fences, that are being constructed now, one side neighbor insisted I face the good side to them. I was planning to anyway. I learned fence facing etiquette when I was six years old. It happens that my side fences have two good sides. And while they have the front, my side is actually more interesting.
One difference is I have to live with my side neighbor. I would say that practically no one on my block has any idea who their back side neighbor is. All properties are fenced in.
I can't imagine my back side neighbor staying there for long. Despite their three year couple million gut renovation. She is Japanese. She is into privacy. I bet they are the only ones in the neighborhood with electric blackout shades on every window. At night every window is black. It looks like they are not at home. With the doggy chalet stuck on the back of the house she doesn't have to walk the two little yappy dogs. I have no idea if she ever even leaves the house.
Don. www.donwiss.com (e-mail link at home page bottom).
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hey park closer so they cant get out of their driveway. So the driveway get s widened, the dirt hauled down to a nearby woods. the city comes calling w hy did you dump stuff there? it was only dirt. come take a look, see the tr ash you have 5 days to clean it up, the 50 buck fine is effective today, 10 0 bucks after the 5 days are up. :( now who would of dumped trash there?
by the way dumping grass clippings is illegal too, but we will overlook it just this once, now everyone looses their yard waste dump....
you can go see the magistrate to get the 50 buck fine removed, while were t here lets file a noise complaint against the neighbor....
got back home who turned on the outside garden hose and put it in the windo w well? flooding the basement.....
oh well i will turn off the valve in the basement so that cant happen again , oh the valve broke got to call a plumber.....
no one ever wins neighborhood wars:(
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On 6/24/2013 11:08 AM, DerbyDad03 wrote:

+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.
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On Monday, June 24, 2013 4:01:20 PM UTC-4, Unquestionably Confused wrote:

The neighbor would also have to be paying the taxes on the 1.5" of property, which seems unlikely.

Yeah, I can see that 1.5" having a big impact on the price.
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Land around here is about $800/sq ft. Or more. Actually it is 1 1/4". I made a mistake in my original post. Our properties overlap 15'. That comes to $1250 of land taken.
Don. www.donwiss.com (e-mail link at home page bottom).
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On 06-24-2013 23:05, Don Wiss wrote:

Well, that's within the limits of small claims court.
--
Wes Groleau

Daily Hoax: http://www.snopes2.com/cgi-bin/random/random.asp
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On Monday, June 24, 2013 11:05:41 PM UTC-4, Don Wiss wrote:

OK, now I'm confused. In an earlier post you said:
"When your entire property is 20' x 100' one doesn't think of it as land"
Now you say:
"That comes to $1250 of land taken."
Is it "land" or isn't it?
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On Mon, 24 Jun 2013 15:01:20 -0500, Unquestionably Confused

What inspection? Not every permit required an inspection. I have two permits and never had anyone even drive down my street. They just take your money for a roof, shed, some other smallish items.
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On 6/24/2013 10:08 PM, Ed Pawlowski wrote:

True enough, but... When you apply for the permit, they require a description of the work to be done and, in turn, tell you the applicable rules and regs - or should. Regardless, if he was required to obtain a permit and didn't he is screwed. If he did obtain the permit but failed to build the fence in the proper manner and location, he is screwed. IF there are laws/rules/regulations in the city (and now that we know where he lives, you can bet your sweet ass there are a ton of them) the building & zoning department will take the lead and make the fence building neighbor put it right.
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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. www.donwiss.com (e-mail link at home page bottom).
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Don,

Did you raise this issue with the property owner? Does your neighbor know that you are unhappy with the fence? Surely you didn't let them build the fence without complaining to the owner, not some workmen. Why didn't you order the workmen off of your property?
Dave M.
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Not that this really matters, but I grew up in a row house in Queens. I lived in the second "house" on the block which meant that where my back yard ended was the side wall of the first house on the side street. We knew the people in that house because their kids were same age as us.
When the brick wall of their house needed repointing, they hired a company that repointed the mortar, then painted the entire wall white and then went back and painted all of the mortar joints black. When they were done it looked like white bricks with black mortar.
Why, you might ask. They did it because the white wall brightened up *our* yard by reflecting the sun much better than the dark brick wall. That's what neighbors did for each other when I was growing up.
If this link to Google Street View works, you should see a white wall on the side of a row house in the center of the page. That's the painted wall and the house with the "A" in front and the black roof was where I grew up.
www.tinyurl.com/queensrowhouse
BTW That big school building and sports complex right across from my old house was an open field where we played ball and frisbee. I'm so glad I'm out of there.

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On Tue, 25 Jun 2013 02:28:05 +0000 (UTC), DerbyDad03

I grew up in a row house in Philadelphia. I'm also glad to be out of there. Neighborhood had deteriorated quite a bit over the past 30+ years.
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On Mon, 24 Jun 2013 09:08:57 -0700 (PDT), DerbyDad03

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.

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? Best? case scenario (for the neighbour) is he pays to put a "good side" on the other side of the fence too.
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I would bring the discrepancy to the attention of the surveyor and have him ammend his most recent survey or otherwise address the problem.
If it's only 1 1/2 inches, perhaps all that's needed is something in writing from your neighbor acknowledging that his fence encroaches that distance onto your property. Put that in your safety deposit box in case it ever becomes an issue.
--
nestork


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What does the surveyor have to do with this. We both used the same surveyor. There can be no dispute over the surveyor's accuracy.

Maybe.
Don. www.donwiss.com (e-mail link at home page bottom).
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Don Wiss wrote:

I agree with most of the others, you should talk with your neighbor first. As for me, if the issue was 1 1/2 inches, I would tell him about it and ignore it for now if it was established as a fact. You are not forfeiting your property to him, just not objecting to a miniscule issue.
Finally, I am not so sure you have the right to cut off tree limbs that hang over your property line. Most cities say you have that right if they prevent you from using your property, but not for a simple overhang. Can you imagine what most trees would look like if everyone did what you proposed??
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On Monday, June 24, 2013 12:28:46 PM UTC-4, Ken wrote:

Are you sure that most cities have a "right to use" language in their ordinances? That is not how I have always understood it.
I have always thought that it worked like the first question at this site:
http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html
Just how would "right to use" be defined? If a neighbor's limb was scraping my roof, it wouldn't prevent me from using my roof or any other part of my property. Does that mean I can't cut it to protect my investment?
If the limb overhung my driveway and dripped sap and bird droppings on my vehicles, it wouldn't prevent me from using them or my driveway. Does that mean I can't cut them back so that I can enjoy my vehicles, not just use them?
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