neighbor's fence partially on my property

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"Don Wiss" wrote in message wrote:

Correct. The posts are on my side. His side is totally blank.
Don. www.donwiss.com (e-mail link at home page bottom).
*** Hi Don,
Since the neighbor has piled up 2 feet of dirt on his side of the fence, it has become a retaining wall. It doesn't sound like this 'retaining wall' was built to the proper specs to do that job. I'm quite sure that retaining walls would have very specific specifications and requirements. Might be that the danger of his yard collapsing into your yard, would mean that it should be torn down and built to proper 'retaining wall' specs. While he's rebuilding it to the proper specs, he could build it where it should have been built in the first place.
Larry
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All very interesting. I had not thought of the retaining wall aspect of this. On all three sides he has done this. I have wondered why he used cedar. I'm putting up mahogany fences. It is not that much more expensive than cedar. And you get a 50 year life instead of 12 years. And that is not including the accelerated rot you will get from the constant moisture contact of the soil and cedar.
And to top if off there was no finish put on the cedar. Why the difference? He used a general architect and general contractor. I used a landscape architect that specializes in fences.
Here is a picture of the fence from right after it went in:
http://donwiss.com/pictures/misc/BackFence.jpg
Don. www.donwiss.com (e-mail link at home page bottom).
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On 6/24/2013 8:30 PM, Don Wiss wrote:

that the extra dirt will collapse. whoever designed this needs to go back to school, or at least read the code for retaining walls.
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Might there be some kind of easement for the electric utility, limiting how close the fence can come to the pole?
Cindy Hamilton
--





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On Tue, 25 Jun 2013 18:01:15 GMT, snipped-for-privacy@adi.com (Cindy Hamilton) wrote:

There has to be some sort of easement. But how would one find the details? It is his easement, not mine.
Don. www.donwiss.com (e-mail link at home page bottom).
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On 6/25/2013 11:26 AM, Don Wiss wrote:

easements are recorded with the deed. if your city has deeds online, you can see the easements. if he has a plat of his property, the easement will be indicated on that. he would probably require a plat to do anything that would require a permit for something outside his house walls.
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I found the online deed for the recent purchase. No plat. The property is described by how many feet from the avenue, etc. The same way the surveyor describes how your lot fits into the block.
No easement noted on any of the 10 pages. There is a page for an Affidavit of Compliance with Smoke Detector Requirement. And a page for Customer Registration Form for Water and Sewer Billing.
By searching on the Block and Lot I don't see any easements either. The online database doesn't go back as far the pole installation. It seems it only goes back to 1993.
Looking at my block and lot I do find the easement that I had put on my house in 2002.
Don. www.donwiss.com (e-mail link at home page bottom).
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There is a filing of the survey he had done. The pole is noted. Just like it is noted on my survey. But that is simply the surveyor noting a landmark, like the big tree is noted.
Don. www.donwiss.com (e-mail link at home page bottom).
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On Mon, 24 Jun 2013 17:52:25 -0400, Don Wiss wrote:

Why not just snap a picture?
I do it all the time.
Saves a lot of questions ... (just saying) ...
PS: I snapped pictures of my fence just this week (look in the record).
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On 06/24/2013 12:19 PM, EXT wrote:

This is the only logical answer in this entire thread, given the wide variety of local ordinances. It is literally their job to enforce property line issues, and once informed of a situation, the onus is removed from OP entirely (other than the possibility of dealing with a pissy neighbor).
Jon
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On 6/24/2013 8:56 AM, Don Wiss wrote:

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?
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wrote:

Property across the street from me was subdivided and sold. When the new house was built, they found the property line went through the garage of the original house. They reached a simple settlement, redrew the lines, and a few $$$ changed hands.
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Don Wiss wrote:

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: http://www.generalcode.com/ecode360/NY .
Good luck.
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On Mon, 24 Jun 2013 10:56:44 -0400, Don Wiss wrote:

I went through this a few years ago.
In California, the law, as I remember it, is weird about the subtleties surrounding these two types of property disputes: a. prescriptive easement b. adverse possession
In the first case, your implied consent allowing the fence to overshadow your property line can be used in the future to allow a judge to prescribe an easement (usually for the *subsequent* property owner).
In the second case, the neighbor is knowingly overshadowing your property line, against your will, and you allow it for a long enough period that the neighbor actually can lay claim to the land.
In both cases, if you merely write a lease (e.g., for $1 a year), that allows the overshadowing, you maintain clear rights to the overshadowed land.
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On Tue, 25 Jun 2013 00:46:07 +0000 (UTC), "Danny D."

A liease does nothing unless you get the other party to sign it!!! You need a one-sided document that does't require a signature by the other party.
I'm in the middle of something like this right now, and I'm not sure about details, or even the big picture, but I'm hoping to give him formal permission. revocable by me at any time, to wallk on a portion of my lawn and to mow the lawn. (and maybe to trim the bushes)
He seems to sincerely think he owns this piece about 250 square feet, but I don't want him to get a or b above anyhow.
I'm at the end of the group and my townhouse doesn't face the street, even though the house two doors to my left does (the street turns) my lot is 6-sided, and the first owner of this town house built the fence around the lot so it didn't surround these 250 sqft., because it looks nicer this way, and so as not to interfere with the easement that the other neighbors have to walk between his house and mine, to get to their back yards.
I plan to sent him a cerifeid letter return receipt with the license, the permission, and to register it at the county clerk's office along with my deed.
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micky wrote:

If it's on your property, then its your fence. Modify it to your own wishes by carving your name on it, painting it to your own taste, (perhaps with your schools colors) and otherwise treating it as if it were your own property. (which it is) Or, if you prefer, tear it down, or cover it with ligns that express your own political and religious beliefs, and be sure to put them on the side of the fence that faces his house. IOW, make it look God-awful to him.....
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wrote:

Check your local regulations. Some say the good side must face the outside of the yard. It may not apply on a property line, but does on the outside by a sidewalk.
In any case, it sounds like your neighbor is self centered and does not give a damn about you or your property line.
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Yes, that fence is pretty ugly. Even if it were int he right place.
NY State and NYC have been around for a long time and have a lot of people, and they usually have good law on most subjects
Unlike Md. which is low in population and was even lower for a long time and doesn't even have case law on many things.

Or thoughtless. He certainly deserves a chance to know what is going on. A visit without leaving a note is no visit at all. He should leave a note taped to the door (it can be done so that no one can read it unless they really try. , another one in the mailbox. , send a letter, and send a certified letter with return receipt.
I know this n'hood. For 12 years I lived 2 miles away. It's a v. nice n'hood, not cheap at all, and everyone probably has some idea of what the law requires.
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On Monday, June 24, 2013 9:56:44 AM UTC-5, Don Wiss wrote:

hem where the line was. But they went ahead and did this in order to have t he entire top fit behind a phone pole that is on their property. Had they n ot faced the good side towards themselves, it would not have been an issue. All that is on my property are the 4x4 posts and the top. Do I have the ri ght to slice the posts and top right at the line? The fence back is attache d to the fence sides, which would give it stability. The reason for doing t his is the properties are staggered. I'm adding a fence to the back where t his fence isn't, and it won't line up. I know I have the right to cut off t ree limbs that hang over. But do I also have the right to cut back a fence that is hanging over? Don. www.donwiss.com (e-mail link at home page bottom ).
It is a weekday, call your local building/zoning office and tell then what you have posted here and then tell us what they zoning/building dept says t o do.
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On Monday, June 24, 2013 9:56:44 AM UTC-5, Don Wiss wrote:

hem where the line was. But they went ahead and did this in order to have t he entire top fit behind a phone pole that is on their property. Had they n ot faced the good side towards themselves, it would not have been an issue. All that is on my property are the 4x4 posts and the top. Do I have the ri ght to slice the posts and top right at the line? The fence back is attache d to the fence sides, which would give it stability. The reason for doing t his is the properties are staggered. I'm adding a fence to the back where t his fence isn't, and it won't line up. I know I have the right to cut off t ree limbs that hang over. But do I also have the right to cut back a fence that is hanging over? Don. www.donwiss.com (e-mail link at home page bottom ).
Why in tarnation are you refusing to talk to the owner????????? Enough peo ple have said to do that that you are beginning to look like a fool for not taking the advice given to you by a majoity of those responding to your po sts!!!
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